SZAFD v MIMA & Anor

[2008] HCATrans 107

[2008] HCATrans 107

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S298 of 2007

B e t w e e n -

SZAFD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 29 FEBRUARY 2008, AT 9.39 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  On 31 August 2000 a delegate of the first respondent refused his application for a protection visa.  The applicant claimed to fear persecution because he was a homosexual.  The Tribunal found that the applicant was not a credible witness, and did not accept that he was the victim of persecution.  His application was rejected.

On 20 February 2007 Emmett FM dismissed the application for review of the Tribunal's decision. Her Honour noted that the application was out of time by reason of s 477 of the Migration Act 1958 (Cth), and held that there was no jurisdiction to hear the application.

Moore J dismissed the applicant's application for leave to appeal to the Federal Court on 24 May 2007.  His Honour found that no appeal would have any prospect of success and that the application was an abuse of process, in light of the applicant's litigation history.

The applicant has not identified any questions of law that would justify a grant of special leave to appeal.  The application is without merit and is an abuse of process.  Further, the application is incompetent by reason of s 33(2) of the Federal Court of Australia Act 1974 (Cth).  Special leave is refused.

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

AT 9.41 AM THE MATTER WAS CONCLUDED