SZHLL v MIMA & Anor [2006] HCATrans 709 (14 December 2006)

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SZHLL v MIMA & Anor [2006] HCATrans 709 (14 December 2006)

Last Updated: 21 December 2006

[2006] HCATrans 709

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S193 of 2006

B e t w e e n -

SZHLL

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 9.36 AM

Copyright in the High Court of Australia

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

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

In the Federal Court, Collier J concluded that, contrary to the applicant’s submission, there had been no failure by the Tribunal to comply with the requirements of s 424A of the Migration Act 1958 (Cth) and that the Tribunal had not been shown to have approached the case with preconceived views. We see no reason to doubt the correctness of these conclusions.

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 9.37 AM THE MATTER WAS CONCLUDED