SZBCA v MIMA & Anor

[2007] HCATrans 30

[2007] HCATrans 030

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S232 of 2006

B e t w e e n -

SZBCA

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.18 AM

Copyright in the High Court of Australia

GUMMOW J:   A delegate of the first respondent refused the application of the applicant, a citizen of Bangladesh, for a protection visa.  The Refugee Review Tribunal affirmed that decision on credit grounds.  An application to the Federal Magistrates Court (Driver FM) for judicial review was dismissed, as was an appeal to the Federal Court of Australia (Wilcox J), which found no jurisdictional error in the Tribunal’s decision.  A special leave application to this Court was dismissed (McHugh and Heydon JJ).  The Federal Magistrates Court (Barnes FM) then dismissed a further application for judicial review of the Tribunal’s decision on the ground that it was incompetent.  The Federal Court of Australia (Moore J) dismissed an application for leave to appeal.

There are no prospects of success in any appeal were special leave to be granted.  The application must be dismissed.

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 9.19 AM THE MATTER WAS CONCLUDED