NAUJ v MIMIA

[2005] HCATrans 132

[2005] HCATrans 132

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S115 of 2004

B e t w e e n -

NAUJ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Thailand.  The Refugee Review Tribunal affirmed the decision of the respondent not to grant a protection visa.  At the hearing of an application for review by a judge of the Federal Court, the applicant did not advance any reason as to why the Tribunal’s decision should be set aside.  However, his Honour considered the matter in some detail and noted that the Tribunal had reached its decision upon the view that the applicant was able to relocate within Thailand.

An appeal to the Full Court was dismissed for want of prosecution.  In this Court no grounds are shown to warrant the grant of special leave.

The respondent seeks costs on an indemnity basis.  However, we would dismiss the application with costs and make no special order for costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application with costs.

I publish that disposition signed by Justice Kirby and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED