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

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

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.
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.
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

CaseChat Overview and Summary

The applicant in this case sought special leave to appeal against the decision of the Federal Court of Australia to dismiss his application for a protection visa. The applicant had previously engaged in a series of legal proceedings to challenge the refusal of the Minister for Immigration and Citizenship to grant him a protection visa. The proceedings were characterised by the courts as an abuse of process and vexatious. The High Court was asked to grant special leave to appeal against the Federal Court's orders dismissing the applicant's application.

The legal issues before the court were whether the applicant's application for special leave should be granted and whether the Federal Court's orders dismissing his application for a protection visa were correct. The court had to consider whether the applicant's appeal against the Federal Court's orders would succeed, and whether the application for special leave was an abuse of process and vexatious.

The court held that the applicant's appeal against the Federal Court's orders would fail, and that his application for special leave was an abuse of process and vexatious. The court noted that the applicant had engaged in a series of legal proceedings to challenge the decision to refuse to grant him a protection visa, and that the proceedings were characterised by the courts as an abuse of process and vexatious. The court held that the applicant's application for special leave should be dismissed, and that the Federal Court's orders dismissing his application for a protection visa should stand.

The court dismissed the application for special leave, and directed the Registrar to draw up, sign and seal an order to that effect. The court's decision brought to an end the applicant's protracted legal battle to obtain a protection visa.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established