Applicant A26-2002 v MIMIA

[2005] HCATrans 331

[2005] HCATrans 331

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S280 of 2004

B e t w e e n -

APPLICANT A26 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

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 25 MAY 2005, AT 9.34 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Full Court of the Federal Court of Australia (Carr, Gyles and Lander JJ) refusing the applicant leave to appeal out of time against the orders of a single judge of that Court.  The primary judge (Mansfield J) refused the applicant an extension of time within which to make application for mandamus and prohibition directed to the Refugee Review Tribunal in respect of its decision which was made as long ago as January 2000.  In separate proceedings, the applicant had earlier sought judicial review of that decision in the Federal Court.  That application had failed and an appeal to the Full Court and an application for special leave to appeal to this Court had both failed.

There is no reason to doubt the correctness of the decision of the Full Court of the Federal Court.  An appeal to this Court would enjoy no prospect of success.  The application should be dismissed.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.35 AM THE MATTER WAS CONCLUDED