Dirckze v MIMIA & Anor

[2006] HCATrans 37

[2006] HCATrans 037

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M111 of 2005

B e t w e e n -

GRAHAM DIRCKZE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION 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 THURSDAY, 9 FEBRUARY 2006, AT 9.28 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Marshall J) exercising the appellate jurisdiction of that Court.  By those orders, Marshall J dismissed an appeal against orders of the Federal Magistrates Court refusing the applicant’s application for constitutional writs and associated relief in respect of a decision of the Migration Review Tribunal affirming a decision that the applicant was not entitled to a Change in Circumstance (Residence) (Class AG) visa, subclass 806 (Family).

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

The actual decision of Marshall J is not attended by doubt.  No arguable case of jurisdictional error was demonstrated 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 9.29 AM THE MATTER WAS CONCLUDED