SZDPH & Anor v MIMIA

[2005] HCATrans 587

[2005] HCATrans 587

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S204 of 2005

B e t w e e n -

SZDPH

First Applicant

SZDWN

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON WEDNESDAY, 10 AUGUST 2005, AT 9.37 AM

Copyright in the High Court of Australia

HAYNE J:   The applicants seek special leave to appeal against orders of a single judge of the Federal Court of Australia refusing to set aside orders earlier made by that judge dismissing the applicants’ appeal from the Federal Magistrates Court for want of appearance to prosecute the appeal.  The Federal Magistrates Court had dismissed the applicants’ application for constitutional writs and associated relief directed to the Refugee Review Tribunal.  In the Federal Court, the judge refused to set aside the earlier orders dismissing the appeal on the ground that the appeal raised no arguable case.

Because the applicants are unrepresented, their application falls to be dealt with under rule 41.10 of the High Court Rules 2004.

There may be some question about whether an appeal to this Court would be competent but it is not necessary to consider whether that is so.  If competent, an appeal would enjoy no prospect of success.

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

AT 9.38 AM THE MATTER WAS CONCLUDED