Applicant S1366-2003 v MIMIA

[2005] HCATrans 814

[2005] HCATrans 814

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S287 of 2005

B e t w e e n -

APPLICANT S1366/2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.21 AM

Copyright in the High Court of Australia

HAYNE J:   This applicant appealed to the Federal Court against a judgment of a Federal Magistrate, the effect of which was to affirm a decision by the Refugee Review Tribunal refusing the applicant a protection visa.  On the morning of the hearing in the Federal Court, a person telephoned the chambers of the judge who was to hear the matter, identifying himself as the applicant and indicating that he was ill.  The caller was told that the appeal was to commence at 2.15 pm and it would be necessary for him to make an application for an adjournment if he were unable to conduct it. 

The applicant made no appearance when the matter was called on for hearing as scheduled.  After reading the decisions of the Refugee Review Tribunal and the Federal Magistrate, the Federal Court decided that the applicant had no case of any substance to agitate in the appeal.  The Federal Court accordingly acceded to the submission of the respondent that the appeal should be dismissed. 

It is against that dismissal that the applicant seeks leave to appeal to this Court.  An appeal would have no prospects of success.  It follows that the application for special leave to appeal must be dismissed. 

Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.22 AM THE MATTER WAS CONCLUDED