NANF v MIMIA

[2005] HCATrans 113

[2005] HCATrans 113

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S147 of 2004

B e t w e e n -

NANF

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 TUESDAY, 8 MARCH 2005, AT 9.32 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal from the orders of Sackville J exercising the appellate jurisdiction of the Federal Court of Australia on appeal from the Federal Magistrates Court.  The applicant had unsuccessfully sought to review a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister not to grant him a protection visa.  The principal complaint he made was that there had been a want of procedural fairness.

There is no reason to doubt the correctness of the conclusion reached by Sackville J that the relief sought should not be granted. The questions about construction of provisions of Div 4 of Pt 7 of the Migration Act 1958 (Cth) mentioned by Sackville J would therefore not conveniently fall for consideration if special leave were to be granted. Nor, the application for review by the Tribunal having been instituted on 9 August 2001 (before the commencement of the Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) and the introduction of s 422B into the principal Act), would any question about the meaning or effect of that provision arise.

An appeal to this Court would enjoy no prospect 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.

I publish that disposition.

AT 9.34 AM THE MATTER WAS CONCLUDED