Applicant S222-2003 v MIMA & Anor

[2007] HCATrans 177

[2007] HCATrans 177

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S304 of 2006

B e t w e e n -

APPLICANT S222/2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  A delegate of the first respondent refused his application for a protection visa.  On 23 May 2000, the Refugee Review Tribunal upheld that decision.  Nearly six years later the applicant filed an application for judicial review which was dismissed as incompetent by the Federal Magistrates Court (Raphael FM) because it was filed out of time.  The Federal Court of Australia (Moore J) dismissed an application for leave to appeal.

The applicant has advanced no ground which would give an appeal any prospects of success were special leave granted.  The application 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 the disposition signed by Justice Heydon and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED