SZCIA v MIMA

Case

[2007] HCATrans 565

3 October 2007

No judgment structure available for this case.

[2007] HCATrans 565

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S7 of 2007

B e t w e e n -

SZCIA

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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, 3 OCTOBER 2007, AT 9.33 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Allsop J) exercising the appellate jurisdiction of that Court. By those orders, Allsop J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Pascoe CFM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect 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 application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

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

The applicant's written submissions do not advance any questions of law that would justify a grant of special leave to appeal.  We see no reason to doubt the correctness of Allsop J's decision. 

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 9.35 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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