Applicant A236 of 2002 v MIMIA

[2005] HCATrans 128

[2005] HCATrans 128

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S54 of 2004

B e t w e e n -

APPLICANT A236 OF 2002

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Sri Lanka.

A judge of the Federal Court refused an extension of time to appeal from the judgment of another judge of that Court.  That judge had refused to set aside an order dismissing an application arising from the non‑appearance of the applicant at the first directions hearing in the Federal Court.  Both Federal Court judges looked at the merits of the matter and held that there was no jurisdictional error disclosed in the decision of the Refugee Review Tribunal affirming the decision to refuse a protection visa.

The submissions in support of the application to this Court do not demonstrate any error on that approach by the judges in the Federal Court.  By summons filed 17 September 2004 the applicant in this Court seeks to raise questions of invalidity of the provisions of the Migration Act 1958 (Cth). The points which it would appear are involved are covered by the decision of the Court in Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476. The summons should be dismissed. The application for special leave is refused. Each order is made with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave and the summons filed in relation thereto on 17 September 2004.

I publish the disposition signed by Justice Kirby and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED