Applicant S1089 of 2003 v MIMIA

[2005] HCATrans 288

[2005] HCATrans 288

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S5 of 2005

B e t w e e n -

APPLICANT S1089 OF 2003

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, 27 APRIL 2005, AT 4.45 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Conti J) refusing leave to appeal against the refusal, by another judge of that Court (Emmett J), to grant an order nisi calling on the Refugee Review Tribunal and the Minister to show cause why constitutional writs and other relief should not issue.

The applicant being unrepresented, the application is to be dealt with in accordance with rule 41.10 of the High Court Rules 2004.

It is unnecessary to decide whether the characterisation of the application to Conti J as an application for leave to appeal is accurate.  Nor is it necessary to consider whether an appeal to this Court would lie against the orders made by Conti J.  (See Federal Court of Australia Act 1976 (Cth), section 33(2).)

The decision of Emmett J which the applicant seeks to reverse is not attended by doubt.  An appeal to this Court (if competent) would enjoy no prospect of success.  The application should be dismissed.

Pursuant to rule 41.10.05 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition.

AT 4.46 PM THE MATTER WAS CONCLUDED