MZWZL v MIMIA & Anor

[2006] HCATrans 547

[2006] HCATrans 547

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M139 of 2005

B e t w e e n -

MZWZL

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.11 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Sri Lanka.  A delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal dismissed an application for review on the ground that the applicant had not suffered persecution for a Convention reason and that there was no real chance that he would in future.  The applicant then applied to the Federal Court of Australia for judicial review.  That application was remitted to the Federal Magistrates Court.  McInnes FM refused the application.  An appeal to the Federal Court of Australia was dismissed by Marshall J, and an application for special leave to appeal to this Court was dismissed by McHugh and Heydon JJ. 

The applicant then instituted another application for judicial review of the Tribunal’s decision to the Federal Magistrates Court.  Riethmuller FM dismissed it as an abuse of process.  The Federal Court of Australia (Merkel J) dismissed an appeal.

The applicant’s application for special leave to appeal to this Court does not deal with the abuse of process issue on which he lost before Riethmuller FM and Merkel J.  It must be dismissed because there is no chance that the applicant will be able to demonstrate error if special leave were granted.

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 Heydon J and myself.

AT 9.12 AM THE MATTER WAS CONCLUDED