MZWRW v MIMIA

[2007] HCATrans 459

[2007] HCATrans 459

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M1 of 2007

B e t w e e n -

MZWRW

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE 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 WEDNESDAY, 29 AUGUST 2007, AT 9.31 AM

Copyright in the High Court of Australia

HAYNE J: The applicant is a citizen of Sri Lanka. He seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Ryan J) upholding an objection to the competency of an appeal the applicant had instituted in that Court. The applicant had sought to appeal against the orders of a Federal Magistrate dismissing an application to set aside earlier orders made in the Federal Magistrates Court dismissing for want of appearance a proceeding instituted by the applicant in that Court. By that proceeding, the applicant had sought relief under s 39B of the Judiciary Act 1903 (Cth) (and associated relief) directed to the Refugee Review Tribunal. The Tribunal had affirmed the decision of a delegate of the Minister to refuse 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.

There is no reason to doubt the conclusions reached in the courts below that the applicant's principal proceedings were bound to fail.

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 9.32 AM THE MATTER WAS CONCLUDED