NADG v MIMA & Anor

[2006] HCATrans 710

[2006] HCATrans 710

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S196 of 2006

B e t w e e n -

NADG

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, 14 DECEMBER 2006, AT 9.37 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Sri Lanka, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Downes J). By those orders, Downes J dismissed the applicant’s application for leave to appeal against orders of the Federal Magistrates Court (Nicholls FM) dismissing, as incompetent and an abuse of process, the applicant’s application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of the Tribunal’s decision to affirm the refusal by a delegate of the Minister to grant the applicant a protection visa.

Because the applicant is unrepresented, the application falls to be determined under r 41.10 of the High Court Rules 2004.

In the Federal Court, Downes J concluded that an appeal to the Federal Court against the orders of the Federal Magistrates Court would enjoy no prospects of success.  That conclusion is not attended by doubt.

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 9.38 AM THE MATTER WAS CONCLUDED