SZCTQ v MIMIA

[2005] HCATrans 811

[2005] HCATrans 811

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S270 of 2005

B e t w e e n -

SZCTQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.17 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant is a citizen of India who applied for an extension of time in which to make an application for leave to appeal against a judgment of a Federal Magistrate affirming a decision of the Refugee Review Tribunal refusing to grant the applicant and her daughter protection visas.  The application for an extension of time was heard and refused by a judge of the Federal Court (Gyles J).  His Honour refused the application because an appeal would have had no arguable chance of success.  That conclusion was inevitable because, as the applicant told his Honour, her application had been prepared by her friends, and she herself could not discern any error of principle on the part of the Federal Magistrate.  

There is no reason to doubt the correctness of the Federal Court’s decision.  Accordingly, the application for special leave to appeal to this Court against the decision of the Federal Court must be dismissed.

Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.18 AM THE MATTER WAS CONCLUDED