Applicant S214 of 2003 v RRT & Anor

[2007] HCATrans 508

[2007] HCATrans 508

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S473 of 2006

B e t w e e n -

APPLICANT S214 OF 2003

Applicant

and

REFUGEE REVIEW TRIBUNAL

First Respondent

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 9.33 AM  

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Sri Lanka, seeks special leave to appeal against the orders of the Full Court of the Federal Court of Australia (Allsop, Jacobson and Graham JJ).  By those orders, the Full Court dismissed the applicant's appeal against orders of a single judge of the Federal Court of Australia (Edmonds J) dismissing an application for an order nisi in respect of a decision of the Refugee Review Tribunal.  That application had been remitted to the Federal Court by this Court.  The Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

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 draft notice of appeal raises six grounds of appeal including an allegation of a denial of procedural fairness based on the Tribunal's failure to warn the applicant of proposed adverse findings.  We are not persuaded that the applicant has demonstrated prospects of success sufficient to warrant a grant of special leave.

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 9.34 AM THE MATTER WAS CONCLUDED