SZBPS v MIMIA

[2006] HCATrans 563

[2006] HCATrans 563

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S121 of 2006

B e t w e e n -

SZBPS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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, 5 OCTOBER 2006, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of Bangladesh, applied for a protection visa.  A delegate of the respondent refused the application.

The applicant applied to the Refugee Review Tribunal for review of that decision.  The Tribunal informed the applicant that it was unable to make a favourable decision on the material before it, and invited him to attend a hearing and give evidence.  No response was received, and, without explanation, the applicant did not attend the hearing.  The Tribunal rejected the applicant’s claims of political persecution for want of evidence.

The Federal Magistrates Court (Driver FM) dismissed the applicant’s application to it for judicial review. The Federal Court of Australia (Moore J) dismissed an appeal.  Hayne and Callinan JJ then dismissed an application for special leave to appeal to this Court.

The applicant then filed another application to the Federal Magistrates Court for review of the delegate’s decision.  Smith FM dismissed this as an abuse of process.  The Federal Court of Australia (Conti J) then dismissed an appeal.

In his application for special leave to appeal to this Court, the applicant does not explain why his second application for judicial review was not an abuse of process.  It plainly was, and 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 9.43 AM THE MATTER WAS CONCLUDED