NAII v MIMIA

[2005] HCATrans 86

[2005] HCATrans 086

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S158 of 2004

B e t w e e n -

NAII

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.42 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant's claim for refugee status was rejected by the Refugee Review Tribunal on factual grounds. 

His application to the Federal Magistrates Court for judicial review was rejected because no error of law was shown.

His application for an extension of time to appeal to the Federal Court of Australia was rejected on the ground that the proposed appeal lacked merit.

The applicant's special leave application identifies no jurisdictional error in the proceedings below, save for reliance on Muin v Refugee Review Tribunal (2002) 76 ALJR 966. That principle was not invoked below and no facts supporting its applicability have been demonstrated.

The applicant's present application is his second, the first having been deemed abandoned.  The present application is nearly eight months out of time.  No extension should be granted, and the application should be dismissed with costs, on the ground that the appeal would have no prospects of success. 

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.42 AM THE MATTER WAS CONCLUDED