SZDFW v MIMIA

[2005] HCATrans 395

[2005] HCATrans 395

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S389 of 2004

B e t w e e n -

SZDFW

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 9.22 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh who arrived in Australia in 1999.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The applicant sought review of the Tribunal’s decision in the Federal Court. That application was dismissed by Jacobson J.  An appeal to the Full Court (Moore, Mansfield and Stone JJ) was dismissed.  An application for special leave to appeal to this Court was dismissed by Callinan and Heydon JJ.

The applicant then instituted proceedings afresh in the Federal Magistrates Court.  That Court dismissed the application summarily on the basis that the proceedings would be an abuse of process due to the previous proceedings.  A purported appeal to the Federal Court, brought without leave, was dismissed by Beaumont J.

In these circumstances there is no prospect of success in any appeal to this Court from the Federal Court.  Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.23 AM THE MATTER WAS CONCLUDED