SZFIO v MIMA

[2006] HCATrans 699

[2006] HCATrans 699

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S174 of 2006

B e t w e e n -

SZFIO

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 THURSDAY, 14 DECEMBER 2006, AT 9.23 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 (Driver FM) dismissing, as an abuse of process, an application to that Court for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the decision of a delegate of the Minister refusing to grant the applicant a protection visa. The applicant had earlier sought review of the delegate’s decision by the Refugee Review Tribunal but the Tribunal had affirmed the decision. The applicant had then sought judicial review of the Tribunal’s decision but had failed in the Federal Magistrates Court and an application for leave to appeal against those orders was dismissed.

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 decisions of the courts below.

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 9.24 AM THE MATTER WAS CONCLUDED