SZAYH v MIMIA [2006] HCATrans 556 (5 October 2006)

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SZAYH v MIMIA [2006] HCATrans 556 (5 October 2006)

Last Updated: 17 October 2006

[2006] HCATrans 556

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S96 of 2006

B e t w e e n -

SZAYH

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.28 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, an Indian citizen, was refused a protection visa by a delegate of the respondent on 17 June 2002. The Refugee Review Tribunal (“the Tribunal”) did not accept his claims that he was wanted by the Indian police because he was perceived to be a terrorist, a Muslim radical, or because of his political connections.

The Federal Magistrates Court initially dismissed the claim for review of the Tribunal’s decision. Smith FM referred to the applicant’s extensive litigation history in relation to the same Tribunal decision, and held that the applicant would continue to pursue hopeless litigation. Smith FM directed the Registry not to accept any further applications without prior leave. The applicant contested that order in the Federal Court, where Magdwick J refused leave to appeal on 16 September 2005 and also directed the Registry not to accept further applications without leave.

On 18 September 2005, Smith FM dismissed the current application, ruling that it was an attempt to circumvent previous court rulings by challenging the delegate’s decision rather than that of the Tribunal. In the Federal Court, Conti J ruled that the application was a clear abuse of process and entirely without merit.

The applicant’s case in this Court is without substance and has no prospect of success. Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Heydon J and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED