SZBIC v MIMIA [2005] HCATrans 81 (3 March 2005)

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SZBIC v MIMIA [2005] HCATrans 81 (3 March 2005)

Last Updated: 11 March 2005

[2005] HCATrans 081

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S127 of 2004

B e t w e e n -

SZBIC

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.40 AM

Copyright in the High Court of Australia

McHUGH J: The applicant is a Pakistani. His claim to fear persecution on political grounds was rejected by the Refugee Review Tribunal for want of specific evidence.

The applicant then applied to this Court for the writs described in s 75(v) of the Constitution. This Court remitted the application to the Federal Court. The Federal Court dismissed the application on grounds of non-compliance with procedural orders (including an order requiring particulars to be given of the grounds for review).

The applicant then applied to the Federal Magistrates Court for judicial review of the Tribunal's decision. It dismissed the application as an abuse of process, but also noted that the applicant had not yet formulated an arguable case for relief.

An appeal to the Federal Court was dismissed. Moore J disagreed with much of the Federal Magistrate's reasoning, but upheld the decision on the ground that it was an abuse of process to apply for the constitutional writs without disclosing any substantial basis for the application.

The application for special leave to appeal to this Court raises several criticisms of the Tribunal, but does not demonstrate arguable jurisdictional error. For the first time, it appeals to Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601, without evidentiary support. An appeal would have no prospects of success.

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.41 AM THE MATTER WAS CONCLUDED