Applicant S105-2003 v MIMA & Anor

[2006] HCATrans 701

[2006] HCATrans 701

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S177 of 2006

B e t w e e n -

APPLICANT S105/2003

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 DECEMBER 2006, AT 9.25 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Bangladesh, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Young J) made in the exercise of the appellate jurisdiction of that Court.  By those orders, Young J dismissed the applicant’s appeal against orders of the Federal Magistrates Court (Scarlett FM) dismissing, as an abuse of process, an application for an order nisi for constitutional writs and other relief directed to the Refugee Review Tribunal.  The proceedings in the Federal Magistrates Court were held to be an abuse of process on the basis that the applicant had earlier prosecuted proceedings to an unsuccessful end at first instance and on appeal by which the applicant sought judicial review of the Tribunal’s decision.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the conclusion reached by Young J that no arguable case of jurisdictional error by the Tribunal was demonstrated.  Wider questions of abuse of process do not fall for consideration.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.27 AM THE MATTER WAS CONCLUDED