SZDFX v MIMA & Anor

[2007] HCATrans 131

[2007] HCATrans 131

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S276 of 2006

B e t w e e n -

SZDFX

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, 18 APRIL 2007, AT 9.42 AM

Copyright in the High Court of Australia

HAYNE 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 (Moore J) exercising the appellate jurisdiction of that Court.  By those orders, Moore J dismissed the applicant's application for leave to appeal against orders of the Federal Magistrates Court (Barnes FM) on the basis that an appeal was bound to fail.

In 2003 the applicant applied for a protection visa, which was refused by a delegate of the respondent.  The Refugee Review Tribunal affirmed the delegate's decision, and Mowbray FM dismissed an application for review of the Tribunal's decision.  In the Federal Court, Hill J dismissed an appeal against those orders of Mowbray FM, and in this Court, Gummow and Heydon JJ refused an application for special leave to appeal against the decision of Hill J.  The applicant then commenced fresh proceedings in the Federal Magistrates Court seeking relief in respect of the delegate's decision.  Before Barnes FM, the first respondent successfully applied to have the applicant's application dismissed, on the basis that it was incompetent, or alternatively that it was an abuse of process.

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

There is no reason to doubt the correctness of the orders made by Moore J.

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

AT 9.44 AM THE MATTER WAS CONCLUDED