Applicant S1194-2003 v MIMA & Anor

Case

[2007] HCATrans 240

24 May 2007

No judgment structure available for this case.

[2007] HCATrans 240

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S344 of 2006

B e t w e e n -

APPLICANT S1194/2003

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 THURSDAY, 24 MAY 2007 AT 9.25 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant is a citizen of India. He seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Jessup J) made in the exercise of the appellate jurisdiction of that Court. Jessup J dismissed the applicant's appeal against orders of Driver FM. The Federal Magistrate had dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of the decision of the Refugee Review Tribunal made as long ago as February 1999 to affirm the decision to refuse the applicant a protection visa. The material filed in support of the application does not explain the length of this interval between the Tribunal's decision and the subsequent proceedings in the courts below. We proceed on the basis that nothing turns on it.

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

There is no reason to doubt the correctness of the decision of Jessup J.

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 9.26 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

  • Standing

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