Applicant S116/2003 v Minister for Immigration And Citizenship & Anor

[2008] HCASL 20

APPLICANT S116/2003
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 20
S335/2007

1. This application for special leave is the latest step in the last of a series of proceedings instituted by the applicant to challenge the decision to refuse to grant him a protection visa.  The history of those proceedings can be gathered from judgments recorded as NABE of 2002 v MIMA [2002] FCA 1410, NABE v MIMA [2003] FCA 155, S116 of 2003 v MIMA & Anor [2006] FMCA 119, S116 of 2003 v MIMA [2006] FCA 618 and Applicant S116 of 2003 v MIMA & Anor [2006] HCA Trans 698.

2. The orders which the applicant now seeks special leave to appeal were made in proceedings which were rightly characterised in the courts below as an abuse of process and vexatious.  An appeal to this Court against the orders now in question would fail.

3. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 March 2008 S.M. Crennan