SZDLQ v MIMA & Anor

[2007] HCATrans 136

[2007] HCATrans 136

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S290 of 2006

B e t w e e n -

SZDLQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 9.48 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 (Black CJ) exercising the appellate jurisdiction of that Court.  By those orders, Black CJ dismissed the applicant's appeal against orders of the Federal Magistrates Court (Nicholls FM).

In 2003 the applicant applied for a protection visa, which was refused by a delegate of the first respondent.  The Refugee Review Tribunal affirmed the delegate's decision, and Smith FM dismissed an application for review of the Tribunal's decision.  In the Federal Court, Conti J dismissed an appeal against those orders of Smith FM, and an application in this Court for special leave to appeal against the decision of Conti J was refused.  The applicant then commenced fresh proceedings in the Federal Magistrates Court, seeking review of the same Tribunal decision.  On a motion by the first respondent, Nicholls FM dismissed the application for review on the basis that it had no reasonable prospects of success and 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.

The applicant's written submissions are formulaic and develop no real argument in support of the application.  There is no reason to doubt the correctness of the orders made by Nicholls FM or of the orders made by Black CJ.

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 9.50 AM THE MATTER WAS CONCLUDED