Applicant M75-2002 v MIMIA

[2005] HCATrans 392

[2005] HCATrans 392

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M154 of 2004

B e t w e e n -

APPLICANT M75/2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.17 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Sri Lanka who arrived in Australia in 1999.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal twice affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  On the first occasion, the Tribunal’s decision was set aside by the Federal Court.  On the second occasion, an application for review in the Federal Court was dismissed by consent.  The applicant then applied to this Court for orders nisi for constitutional writs.  The application was remitted to the Federal Court, from where it was further remitted to the Federal Magistrates Court.  The Federal Magistrate considered that the matter was res judicata by reason of the previous application to the Federal Court, and dismissed the application. 

The Federal Court (Finkelstein J) dismissed an appeal, holding that the Federal Magistrate was correct to conclude that the doctrine of res judicata applied to a matter the subject of consent orders. His Honour referred to authorities including Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502.

In these circumstances there are insufficient prospects of success in any appeal to this Court from the decision of Finkelstein J to warrant a grant of special leave.  Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.19 AM THE MATTER WAS CONCLUDED