SZENE v MIMA & Anor

[2006] HCATrans 700

[2006] HCATrans 700

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S176 of 2006

B e t w e e n -

SZENE

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 THURSDAY, 14 DECEMBER 2006, AT 9.24 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Bangladesh, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Besanko J) made in the exercise of the appellate jurisdiction of that Court. Besanko J dismissed the applicant’s appeal against orders of the Federal Magistrates Court (Barnes FM) dismissing, as an abuse of process, an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of the decision of a delegate of the Minister refusing to grant the applicant a protection visa. No relief was sought in those proceedings in respect of the subsequent decision of the Refugee Review Tribunal to affirm that refusal and the joinder of the Tribunal in the later proceedings taken in respect of the decision of Barnes FM was neither necessary nor appropriate.

In earlier proceedings, instituted in 2002, the applicant had sought relief in the Federal Court of Australia in respect of the Tribunal’s decision.  That application failed at first instance; an appeal to the Full Court of the Federal Court failed; special leave to this Court was refused.  In 2004, the applicant made application to the Federal Magistrates Court for orders directed to the Tribunal.  That application was discontinued.

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 Besanko 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 9.25 AM THE MATTER WAS CONCLUDED