SZFBU v MIMA & Anor

[2007] HCATrans 133

[2007] HCATrans 133

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S280 of 2006

B e t w e e n -

SZFBU

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 18 APRIL 2007, AT 9.45 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 (Conti J) exercising the appellate jurisdiction of that Court. By those orders, Conti J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Lloyd‑Jones FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The appeal before Conti J was brought out of time, and his Honour determined that there was no error in the judgment of Lloyd‑Jones FM, and therefore no basis for the grant of an extension of time in which to bring the appeal.

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 raise no question of principle.  An appeal to this Court would have insufficient prospects of success to warrant a grant of special leave.

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 9.46 AM THE MATTER WAS CONCLUDED