MZXAP v MIMA & Anor

[2007] HCATrans 523

[2007] HCATrans 523

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne       No M143 of 2006

B e t w e e n -

MZXAP

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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, 6 SEPTEMBER 2007, AT 9.10 AM  

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Romania.  A delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal upheld that decision on credibility grounds. 

McInnis FM declined to set aside an order dismissing the applicant's application for judicial review which was made in his absence, because it would be futile to do so, since he considered that the Tribunal had made no jurisdictional error.  Finkelstein J was of the same view and dismissed an appeal. 

The applicant's application for special leave does not point to any arguable ground of appeal.  Hence it 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 9.11 AM THE MATTER WAS CONCLUDED