MZXKW v MIMA & Anor

[2008] HCATrans 54

[2008] HCATrans 054

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M26 of 2007

B e t w e e n -

MZXKW

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.02 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Black CJ) exercising the appellate jurisdiction of that Court. By those orders, Black CJ dismissed the applicant's appeal against orders of the Federal Magistrates Court (McInnis 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.

Prior to the application to McInnis FM, the applicant had already sought review of the Tribunal's decision in the Federal Magistrates Court (MZWND v Minister for Immigration [2004] FMCA 1084), twice in the Federal Court of Australia (Applicant M294 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs, unreported, 12 May 2004; MZWND v Minister for Immigration and Multicultural Affairs [2005] FCA 373) and had been refused special leave to appeal to this Court (MZWND v Minister for Immigration and Multicultural Affairs [2005] HCA Trans 798 (Gummow and Kirby JJ)). Black CJ found that the present proceeding was an attempt to re‑litigate matters already finally determined.

This application is without merit and raises no arguable ground for the grant of special leave to appeal.

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 9.04 AM THE MATTER WAS CONCLUDED