SZGPT v MIMIA

[2006] HCATrans 483

[2006] HCATrans 483

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S10 of 2006

B e t w e e n -

SZGPT

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal in February 2003. 

In October 2003 an application for judicial review was dismissed by a Federal Magistrate.  An appeal to the Full Court of the Federal Court was dismissed.  An application for special leave was filed in this Court and subsequently deemed abandoned.  A new application for judicial review was made to the Federal Magistrates Court, which was dismissed on the basis of res judicata or Anshun estoppel.  An appeal to the Federal Court was dismissed by Graham J.

The applicant’s written case discloses no reason to doubt the conclusion of the Federal Magistrate or of Graham J.  The further proceedings in the Federal Magistrates Court plainly were an abuse of the processes of that Court.  There would be no prospect of success on any appeal to this Court from the Federal Court.  Special leave is refused.

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 9.30 AM THE MATTER WAS CONCLUDED