Applicant S1594-2003 v MIMA & Anor

[2007] HCATrans 503

[2007] HCATrans 503

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S466 of 2006

B e t w e e n -

APPLICANT S1594/2003

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 WEDNESDAY, 5 SEPTEMBER 2007, AT 9.27 AM  

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Jessup J) exercising the appellate jurisdiction of that Court. By those orders, Jessup J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Emmett FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal. As long ago as 1996, the Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. How or why proceedings were not commenced in the Federal Magistrates Court until 2004 is not apparent from the papers filed in this Court.

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

The applicant's written submissions seek to raise for the first time an argument that the Tribunal breached s 424A of the Migration Act 1958 (Cth). That provision was not in force at the time the Tribunal made its decision and the submission is without substance. The applicant's written case raises no other matter which would cast doubt on the correctness of the conclusions reached in the courts below.

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 9.28 AM THE MATTER WAS CONCLUDED