NAHR v MIAC & Anor

[2007] HCATrans 785

[2007] HCATrans 785

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S156 of 2007

B e t w e e n -

NAHR

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

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, 12 DECEMBER 2007, AT 9.38 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Moore J) exercising the appellate jurisdiction of that Court.  By those orders, Moore J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Lloyd-Jones FM).  Lloyd-Jones FM held that there was an incontestable absence of jurisdiction in view of the applicant's litigation history and dismissed the application for review 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 disclose no argument in support of the application for special leave.  There is no reason to doubt the correctness of the Tribunal's finding that it lacked jurisdiction or the subsequent findings of the courts below that the proceedings constituted an abuse of process.  Special leave is refused.

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 Kiefel J and myself.

AT 9.39 AM THE MATTER WAS CONCLUDED