SZFEG v MIAC & Anor

[2007] HCATrans 763

[2007] HCATrans 763

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S178 of 2007

B e t w e e n -

SZFEG

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

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 TUESDAY, 11 DECEMBER 2007, AT 9.30 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Moore J) dismissing an appeal instituted by the applicant and, if leave to appeal was necessary, refusing that leave.  The orders which the applicant sought to challenge were made by the Federal Magistrates Court (Barnes FM) and dismissed summarily the proceedings instituted by the applicant.  The proceedings thus dismissed by the Federal Magistrates Court concerned the decision of the Refugee Review Tribunal that it did not have jurisdiction to entertain the applicant's application for review in circumstances where the application was made well out of time and had been preceded by an earlier review by the Tribunal which affirmed the decision to refuse the applicant a protection visa.  The applicant had sought judicial review of that earlier Tribunal decision but had failed at first instance, on appeal, and on application for special leave.

There is no reason to doubt the correctness of the decision of Moore 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 9.31 AM THE MATTER WAS CONCLUDED