SZBCE v MIAC & Anor

Case

[2007] HCATrans 791

No judgment structure available for this case.

[2007] HCATrans 791

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S188 of 2007

B e t w e e n -

SZBCE

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

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 WEDNESDAY, 12 DECEMBER 2007, AT 9.46 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Moore J) exercising the appellate jurisdiction of that Court.  By those orders, Moore J refused the application for leave to appeal against orders of the Federal Magistrates Court (Raphael FM) dismissing what was a second application for review of a decision of the Refugee Review Tribunal.  The Tribunal determined that it did not have jurisdiction.   

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

No argument is disclosed for leave to appeal.  There is no reason to doubt the correctness of the decisions below.  The proceedings are an abuse of process.  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 9.47 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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