Applicant S1459-2003 v MIAC & Anor

[2008] HCATrans 45

[2008] HCATrans 045

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S257 of 2007

B e t w e e n -

APPLICANT S1459/2003

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.24 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant, who has been unrepresented at all stages, is a citizen of Sri Lanka claiming to fear persecution because of involvement with the Liberation Tigers of Tamil Eelam.  The Refugee Review Tribunal upheld the decision of a delegate of the first respondent to refuse a protection visa on the ground that the applicant's evidence was "profoundly unconvincing" and in part "a complete fabrication".

McInnis FM dismissed an application for judicial review on the ground that it was incompetent, having been filed out of time.

The Federal Court of Australia (Lindgren J) dismissed an application for leave to appeal on the ground that McInnis FM was correct. 

The applicant's application for special leave to appeal does not address the reasoning on which the decisions of the courts below turned.  It must be dismissed.

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 that disposition signed by Kirby J and myself.

AT 9.25 AM THE MATTER WAS CONCLUDED