SZCPK v MIMA & Anor [2007] HCATrans 569 (3 October 2007)

Last Updated: 9 October 2007

[2007] HCATrans 569

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S485 of 2006

B e t w e e n -

SZCPK

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Edmonds J) exercising the appellate jurisdiction of that Court. Edmonds J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Raphael FM) in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse 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.

The applicant's written submissions repeat contentions, rejected by Edmonds J, that there is a reasonable apprehension of bias in the Tribunal and which concern findings of fact. He raises the question whether an omission in evidence of a matter of relevance to the Tribunal’s reasoning is “information” within the meaning of s 424A of the Migration Act 1958 (Cth), which the Tribunal must give to him and invite his response.

We see no reason to doubt the correctness of the decision appealed from. The applicant does not have sufficient prospects of success on the additional question sought to be raised to warrant a grant of special leave.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. Pursuant to the orders made by Gummow J on 13 February 2007, the applicant is to pay the costs of the application for reinstatement of his application for special leave filed 21 December 2006.

I publish the disposition signed by Justice Kiefel and myself.

AT 9.43 AM THE MATTER WAS CONCLUDED