SZEZY v MIMIA

[2006] HCATrans 489

[2006] HCATrans 489

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S23 of 2006

B e t w e e n -

SZEZY

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant’s claim for a protection visa was rejected by the Refugee Review Tribunal after his application to the Tribunal was lodged outside the 28 day time limit prescribed by reg 4.31 of the Migration Regulations (Cth) and s 412(1)(b) of the Migration Act 1958 (Cth) (“the Act”). The Tribunal consequently held that it lacked jurisdiction to determine the applicant’s claim.

The Federal Magistrates Court dismissed the applicant’s application for judicial review. An application for an extension of time in which to appeal to the Federal Court was dismissed by Wilcox J. His Honour agreed with the Federal Magistrate that there was no discretion in the Tribunal to extend the time limit on the lodging of applications for review, and that s 424A of the Act was inapplicable to the provision of information in respect of whether the Tribunal had such jurisdiction.

There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED