Applicant S1941-2003 v MIMA & Anor

[2007] HCATrans 286

[2007] HCATrans 286

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S374 of 2006

B e t w e e n -

APPLICANT S1941/2003

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  The Refugee Review Tribunal upheld a decision of a delegate of the first respondent refusing a protection visa.  The Federal Court of Australia (Emmett J) dismissed an application for judicial review.  The applicant then made an application for orders nisi, which was refused by Emmett J.

The Federal Magistrates Court (Raphael FM) dismissed an application for judicial review on the ground that all the applicant's claims, save perhaps for one based on procedural fairness, were barred by the doctrines of issue estoppel and Anshun estoppel, and that there was no procedural unfairness. 

The Federal Court of Australia (Moore J) dismissed an appeal.

The applicant has not demonstrated any error in the reasoning of the courts below.  The application is 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 the disposition signed by Justice Heydon and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED