SZBJZ v MIAC

[2007] HCATrans 683

[2007] HCATrans 683

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S185 of 2007

B e t w e e n -

SZBJZ

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 THURSDAY, 15 NOVEMBER 2007, AT 9.45 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 dismissed the applicant's appeal against orders of the Federal Magistrates Court (Barnes FM) dismissing an application for review of a decision of the Refugee Review Tribunal.  The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The applicant has previously sought judicial review of the same Tribunal decision.  The Federal Magistrates Court dismissed the application, the Federal Court dismissed the appeal and the High Court refused leave to appeal on 3 August 2005.

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

The application is without merit.  The decision below was clearly correct.  The application was time-barred and it was an abuse of process.

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 Justice Kiefel and myself.

AT 9.46 AM THE MATTER WAS CONCLUDED