NAZL v MIMIA

[2006] HCATrans 178

[2006] HCATrans 178

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S570 of 2005

B e t w e e n -

NAZL

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 TUESDAY, 11 APRIL 2006, AT 2.09 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Pakistan, seeks special leave to appeal against the orders of the Full Court of the Federal Court of Australia made on 3 November 2005.  By those orders, the Full Court dismissed the applicant’s application to set aside certain orders made on 18 November 2004 by a Full Court of the Federal Court (differently constituted).  The orders of 18 November 2004 dismissed the applicant’s appeal against orders of a single judge of the Federal Court in respect of the refusal to grant the applicant a protection visa.  The orders of 18 November 2004 were made in the absence of the applicant; they were entered on 25 November 2004.

Because the applicant is unrepresented the application for special leave falls to be dealt with under r 41.10 of the High Court Rules 2004.

The orders from which the applicant now seeks special leave to appeal were made on the basis that the ground of appeal which it was sought to prosecute did not enjoy a reasonable prospect of success.  We see no reason to doubt the correctness of the conclusion reached by the Full Court.

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 2.10 PM THE MATTER WAS CONCLUDED