Applicant M70 of 2002 v MIMIA & Anor

[2005] HCATrans 280

[2005] HCATrans 280

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M116 of 2004

B e t w e e n -

APPLICANT M70 OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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, 27 APRIL 2005, AT 4.36 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant who is a citizen of China seeks special leave to appeal from a judgment of the Full Court of the Federal Court of Australia affirming a decision of a single judge of that court refusing orders nisi for the grant of constitutional writs, and other relief challenging the decision of the Refugee Review Tribunal to refuse the applicant a protection visa.

The applicant’s application for constitutional writs and associated relief which was, in the first instance, made to this Court, and then remitted for hearing to the Federal Court, was made years after the decision which it was sought to have quashed.  The Full Court of the Federal Court was of the opinion that the applicant’s delay had not been satisfactorily explained, but that, in any event, on the merits the applicant’s case was bound to fail.

There is no reason to doubt the correctness of the decision of the Full Court of the Federal Court and accordingly special leave should be refused.

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

AT 4.37 PM THE MATTER WAS CONCLUDED