Applicant S1152-2003 v MIMIA & Anor

[2006] HCATrans 650

[2006] HCATrans 650

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S168 of 2006

B e t w e e n -

APPLICANT S1152/2003

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 NOVEMBER 2006, AT 9.49 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Sri Lanka who arrived in this country more than 10 years ago.  A delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal (“the Tribunal”) rejected his claims of political persecution.  An application by the applicant to this Court was remitted to the Federal Court of Australia and dismissed by Emmett J.

The applicant then applied to the Federal Magistrates Court for judicial review of the Tribunal’s decision.  Pascoe CFM dismissed it on the ground that there was no jurisdictional error in the Tribunal’s decision.  The Full Court of the Federal Court of Australia (Emmett, Stone and Bennett JJ) refused an application for leave to amend the amended application to the Federal Magistrates Court on various bases. 

An appeal to this Court would have insufficient prospects of success to justify the applicant’s application for special leave to appeal being granted.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.50 AM THE MATTER WAS CONCLUDED