SZBPF v MIMIA &U Anor

[2006] HCATrans 121

[2006] HCATrans 121

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S549 of 2005

B e t w e e n -

SZBPF

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 9 MARCH 2006, AT 9.24 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Fiji, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Graham J) exercising the appellate jurisdiction of that Court. By those orders, Graham J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

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

In this application, the applicant’s main ground of appeal would be that the Refugee Review Tribunal failed to comply with the procedures set out in s 430A of the Migration Act 1958 (Cth). The facts of this case are such that the application has insufficient prospects of success on that ground to warrant a grant of special leave. The applicant’s written submissions also raised other grounds of appeal, but developed no real argument in support of these grounds. In any event, we see no reason to doubt the correctness of the decision of Graham J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.25 AM THE MATTER WAS CONCLUDED