SZFDZ v MIMA

[2007] HCATrans 759

[2007] HCATrans 759

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S170 of 2007

B e t w e e n -

SZFDZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 11 DECEMBER 2007, AT 9.25 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of Lebanon, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Moore J) refusing the applicant leave to appeal against orders of the Federal Magistrates Court (Driver FM) and against orders of the same judge that a person who had spoken on the applicant's behalf at the application for leave pay the Minister's costs of the application. The Federal Magistrates Court had dismissed, as incompetent, the applicant's application for judicial review of what was described by the Federal Magistrate as "a decision purportedly made by the Minister, or an officer on behalf of the Minister, under s.417 of the Migration Act 1958 (Cth)".

The decision of Moore J to refuse leave to appeal is not attended by doubt.  If the applicant has standing to appeal against the order that costs be paid by a third party, such an appeal would, in this case, enjoy no prospect of success.

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 9.27 AM THE MATTER WAS CONCLUDED