SZDZR v MIMA & Anor [2006] HCATrans 708 (14 December 2006)

--

SZDZR v MIMA & Anor [2006] HCATrans 708 (14 December 2006)

Last Updated: 21 December 2006

[2006] HCATrans 708

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S186 of 2006

B e t w e e n -

SZDZR

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 DECEMBER 2006, AT 9.34 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of the People’s Republic of China, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Stone J) made in the exercise of the appellate jurisdiction of that Court. By those orders, Stone J dismissed the applicant’s appeal against orders of the Federal Magistrates Court (Nicholls FM) dismissing the applicant’s application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the decision of the Refugee Review Tribunal affirming the refusal of a delegate of the Minister to grant the applicant a protection visa.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

In the Federal Court, Stone J rejected the applicant’s contentions that the Tribunal was biased and had failed to consider the probability that he would be persecuted if he returned to China and his contention that the Federal Magistrate had not considered his case properly. Stone J concluded that there was no reviewable error in the decision of either the Federal Magistrate or the Tribunal. There is no reason to doubt the correctness of that conclusion.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.36 AM THE MATTER WAS CONCLUDED