SZDKE v MIMIA & Anor

[2006] HCATrans 29

[2006] HCATrans 029

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S476 of 2005

B e t w e e n -

SZDKE

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 THURSDAY, 9 FEBRUARY 2006, AT 9.19 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Pakistan, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Wilcox J) exercising the appellate jurisdiction of that Court. By those orders, Wilcox J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing his application for relief under s 39B of the Judiciary Act 1903 (Cth) in relation to a decision of the Refugee Review Tribunal affirming the refusal of a delegate of the Minister to grant him a protection visa.

The application to the Federal Magistrates Court was the third application the applicant had made for relief relating to that decision. The first was made in October 1999 under what was then s 476 of the Migration Act 1958 (Cth); the second was constituted by his participation in the Muin and Lie class actions, some aspects of which were dealt with in this Court in Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601. Both of those earlier applications failed.

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

It is not necessary to consider what, if any, consequences follow from the failure of the applicant’s earlier proceedings seeking relief in respect of the decision which he challenged in the proceedings that give rise to this application.  There is no reason to doubt the correctness of the decision of Wilcox 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 9.21 AM THE MATTER WAS CONCLUDED