SZCZS v MIMIA

[2005] HCATrans 408

[2005] HCATrans 408

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S60 of 2005

B e t w e e n -

SZCZS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.40 AM

Copyright in the High Court of Australia

GLEESON CJ:   In October 1997, the Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  In March 2004, the applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  In the interim, the applicant had been involved in litigation including those proceedings commonly referred to as the Lie class action.  After the proceedings in Lie v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601 were determined by this Court, the applicant’s application for orders nisi for constitutional writs was remitted to the Federal Court. Emmett J dismissed the application. An application for leave to appeal against that decision was refused by Jacobson J.

In these circumstances the Federal Magistrate was satisfied that the proceedings before him should not be permitted to proceed as they would constitute an abuse of process.  A purported appeal, without leave of the Federal Court, was dismissed as incompetent by Whitlam J.  The applicant now seeks special leave to appeal from the decision of Whitlam J.

There are no prospects of success in any appeal to this Court from the Federal Court.  Accordingly special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.42 AM THE MATTER WAS CONCLUDED