SZHUS v MIMA & Anor

[2007] HCATrans 641

[2007] HCATrans 641

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S69 of 2007

B e t w e e n -

SZHUS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 THURSDAY, 8 NOVEMBER 2007, AT 9.09 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Nicholson J). By those orders, Nicholson J dismissed the applicant's appeal to the Federal Court against orders of the Federal Magistrates Court (Lloyd‑Jones FM). Nicholson J concluded that the appeal to the Federal Court was incompetent because the judgment of the Federal Magistrate was interlocutory in character and his Honour treated the appeal as an application for leave to appeal. The Federal Magistrates Court had dismissed summarily the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) (and associated relief) in relation to the decision of the Refugee Review Tribunal to affirm refusal of a protection visa.

The applicant is not represented by a legal practitioner.  There is evidence that the applicant left Australia on 6 June 2007.  If the application for special leave is prosecuted it would 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 9.10 AM THE MATTER WAS CONCLUDED