Applicant S1141-2003 v MIMA & Anor

[2007] HCATrans 510

[2007] HCATrans 510

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S479 of 2006

B e t w e e n -

APPLICANT S1141/2003

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 WEDNESDAY, 5 SEPTEMBER 2007, AT 9.35 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Graham J) exercising the appellate jurisdiction of that Court. By those orders, Graham J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Raphael FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

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

The applicant's written submissions raise no arguable ground for the grant of special leave.  We see no reason to doubt the correctness of the orders made in the courts below.  It is not necessary to form any view about what is said in the courts below about the application of principles of preclusion.  It is sufficient to say that the decision that the Tribunal in this case made no jurisdictional error is not attended by doubt.

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 9.36 AM THE MATTER WAS CONCLUDED