SZCXK v MIMiA & Anor

[2007] HCATrans 462

[2007] HCATrans 462

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S337 of 2006

B e t w e e n -

SZCXK

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 WEDNESDAY, 29 AUGUST 2007, AT 9.35 AM

Copyright in the High Court of Australia

HAYNE J:   In 1997 the applicant, a citizen of Bangladesh, applied for a protection visa.  A delegate of the Minister refused the application in May 1997 and, on review, the Refugee Review Tribunal affirmed the refusal in July 1998.  Only in March 2004 the applicant sought judicial review of the Tribunal's decision.  That application, to the Federal Magistrates Court, was dismissed in November 2005 and an appeal to the Federal Court of Australia against those orders was dismissed by Bennett J on 25 July 2006.  The applicant seeks special leave to appeal against the orders of Bennett J.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004. The applicant had to obtain orders reinstating the application in this Court after it was deemed abandoned, and an order was made that the costs of the application for reinstatement (made on notice to the first respondent) should be costs in the application for special leave.

There is no reason to doubt the correctness of the decision of Bennett J.

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

AT 9.36 AM THE MATTER WAS CONCLUDED