SZCWS v MIMIA [2005] HCATrans 352 (26 May 2005)

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SZCWS v MIMIA [2005] HCATrans 352 (26 May 2005)

Last Updated: 3 June 2005

[2005] HCATrans 352

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S383 of 2004

B e t w e e n -

SZCWS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.47 PM

Copyright in the High Court of Australia

HAYNE J: The applicant is a citizen of Bangladesh who arrived in Australia and applied for a protection visa in September 2000. His application and claim were considered and rejected by the Refugee Review Tribunal. He made a number of assertions of a fear of persecution by reason of his political activities. In the written material that he submitted to the Tribunal, he provided very little information regarding his alleged fears and failed to attend the oral hearing which he was invited to attend and at which his claims could have been further investigated.

The applicant’s written case in this Court fails to disclose any error of law, jurisdictional error, or want of procedural fairness on the part of the Tribunal, the Federal Magistrate who reviewed his claim or the Federal Court from which he now seeks special leave to appeal. His application must be dismissed. It is not necessary to consider whether an appeal lies to this Court from the orders of a single judge of the Federal Court refusing leave to appeal to that Court out of time.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition.

AT 1.48 PM THE MATTER WAS CONCLUDED