NAOQ v MIMIA

[2008] HCATrans 61

[2008] HCATrans 061

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S173 of 2007

B e t w e e n -

NAOQ

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
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.11 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of the Full Court of the Federal Court of Australia (Whitlam, Moore and Kiefel JJ). By those orders, the Full Court dismissed the applicant's appeal against orders of a single judge of the Federal Court of Australia (Bennett J) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect 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.

This application is brought well out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

We see no reason to doubt the correctness of the conclusions reached in the courts below.

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 9.12 AM THE MATTER WAS CONCLUDED