MZXID v MIMIA & Anor

Case

[2007] HCATrans 562

3 October 2007

No judgment structure available for this case.

[2007] HCATrans 562

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M27 of 2007

B e t w e e n -

MZXID

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

THE REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.29 AM  

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of Sri Lanka, seeks special leave to appeal against the 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 the applicant's appeal against orders of the Federal Magistrates Court (Burchardt FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant 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.

The applicant's written submissions have not identified any question of law that would justify a grant of special leave to appeal, nor has he sought to identify any error in the judgment of the Federal Court. Any appeal would have insufficient prospects of success. We see no reason to doubt the correctness of the conclusions reached 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 the disposition signed by Justice Kiefel and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Standing

  • Jurisdiction

  • Appeal

  • Procedural Fairness

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