SZFRF v MIMIA & Anor

[2006] HCATrans 644

[2006] HCATrans 644

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S157 of 2006

B e t w e e n -

SZFRF

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 NOVEMBER 2006, AT 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  After a delegate of the first respondent rejected his application for a protection visa based on a claim of feared political persecution, an application for review to the Federal Magistrates Court (Driver FM) and an application to the Federal Court of Australia (Moore J) were dismissed.  Two applications to this Court for special leave to appeal were deemed abandoned on grounds of delay, and a third was discontinued on 27 January 2005.  A further application to the Federal Magistrates Court (Barnes FM) was dismissed as an abuse of process.  The Federal Court of Australia (Hill J) then dismissed an application for leave to appeal and ordered that no further judicial review proceedings be filed without the Court’s prior leave.  An application to the Federal Magistrates Court (Lloyd‑Jones FM) for judicial review of the delegate’s decision was dismissed as incompetent, being an abuse of process.  Moore J dismissed an application for an extension of time within which to appeal.

All the litigious steps taken by the applicant since 27 January 2005 have been egregious abuses of process.  The application establishes no possibility of any error in any of the decisions already arrived at.

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 9.43 AM THE MATTER WAS CONCLUDED