NAJC v MIMIA

[2005] HCATrans 190

[2005] HCATrans 190

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S68 of 2004

B e t w e e n -

NAJC

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 6 APRIL 2005, AT 9.34 AM

Copyright in the High Court of Australia

HAYNE J:   There is no reason to doubt the correctness of the conclusions reached by Jacobson J and Wilcox J of the Federal Court of Australia that the applicant shows no arguable case of jurisdictional error by the Refugee Review Tribunal.  It follows that an appeal to this Court against the orders made by Jacobson J on 11 June 2003, which are the subject of this application for special leave, would enjoy no prospects of success.

It is, therefore, unnecessary to consider whether, as the respondent submits, the applicant's failure to prosecute an earlier application for special leave to appeal against those orders is a separate and sufficient reason to refuse leave.

This application for special leave is out of time.  For the reasons given, it should be dismissed with costs.

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.

I publish that disposition.

AT 9.35 AM THE MATTER WAS CONCLUDED