Applicant VJAG of 2003 v MIMIA

[2005] HCATrans 361

[2005] HCATrans 361

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M53 of 2004

B e t w e e n -

APPLICANT VJAG OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.59 PM

Copyright in the High Court of Australia

HAYNE J:   This is an application for special leave to appeal from a judgment of the Full Court of the Federal Court dismissing an appeal from a judgment of a judge of that Court refusing an application for review of a decision of the Refugee Review Tribunal.  The decision of the Tribunal affirmed the decision of a delegate of the respondent not to grant the applicant a protection visa.

Both the single judge of the Federal Court and the Full Court of the Federal Court pointed out that the applicant could only obtain relief against the decision of the Tribunal if he could point to some error in the reasoning of the Tribunal that was jurisdictional in nature or otherwise giving rise to some ground of judicial review, and this the applicant had been unable to do.  There is no reason to doubt the correctness of this conclusion and accordingly the application must be dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish that disposition.

AT 2.00 PM THE MATTER WAS CONCLUDED