SZACN v MIMIA & Anor

[2006] HCATrans 645

[2006] HCATrans 645

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S158 of 2006

B e t w e e n -

SZACN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 NOVEMBER 2006, AT 9.43 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  A delegate of the first respondent dismissed his application for a protection visa.  The Refugee Review Tribunal (“the Tribunal”) affirmed that decision.  The Federal Magistrates Court (Raphael FM) dismissed an application for judicial review.  The Federal Court of Australia (Moore J) dismissed an appeal.  One application for special leave to appeal to this Court was deemed abandoned; a second was dismissed by Hayne and Heydon JJ on 27 May 2005.  A further application to the Federal Magistrates Court seeking review of the Tribunal’s decision was dismissed by Barnes FM.  The Federal Court of Australia (Tamberlin J) refused leave to appeal.

The applicant then filed a further application in the Federal Magistrates Court, this time seeking review of the delegate’s decision.  This was dismissed by Raphael FM as an abuse of process.  The Federal Court of Australia (Black CJ) refused leave to appeal. 

All the litigious steps taken by the applicant since 27 May 2005 have been abuses of process.  The application establishes no possibility of any error in any of the decisions already arrived at.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.45 AM THE MATTER WAS CONCLUDED