SZBQT v MIAC

[2007] HCATrans 760

[2007] HCATrans 760

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S172 of 2007

B e t w e e n -

SZBQT

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 11 DECEMBER 2007, AT 9.27 AM

Copyright in the High Court of Australia

HAYNE J: The applicant applied for special leave to appeal against orders of the Federal Court of Australia (Rares J) dismissing his appeal against orders of the Federal Magistrates Court (Nicholls FM). The Federal Magistrate had dismissed the applicant's claim to relief under s 39B of the Judiciary Act 1903 (Cth) in respect of the decision of the Refugee Review Tribunal to affirm the refusal of a protection visa. The applicant has since left Australia.

If the application for special leave is not now to be regarded as moot, an appeal would have enjoyed insufficient prospects of success to warrant a grant of special leave and, on either basis, the application should be dismissed.

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 9.28 AM THE MATTER WAS CONCLUDED