SZIPI v MIMA

[2007] HCATrans 172

[2007] HCATrans 172

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S296 of 2006

B e t w e e n -

SZIPI

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant applied for a protection visa on 12 July 2002 and on 31 July 2002 a delegate of the first respondent refused the application.  The applicant sought review of that decision, but it was affirmed by the Refugee Review Tribunal on 27 August 2003.  A subsequent series of applications for judicial review was likewise unsuccessful.  The matter ultimately reached this Court, and Gummow and Heydon JJ dismissed a previous application for special leave to appeal on 15 December 2005.

On 11 January 2006, the applicant then lodged a second application in the Tribunal for review of the delegate's decision. Since the application for review was made well outside the mandatory time limit prescribed by s 412(1)(b) of the Migration Act 1958 (Cth), the Tribunal concluded that the application was invalid and that the Tribunal lacked jurisdiction to review the delegate's decision. 

The applicant then sought judicial review in the Federal Magistrates' Court, but that application was dismissed on 8 June 2006 by Lloyd‑Jones FM.  No error had been shown on behalf of the Tribunal, and the application was plainly vexatious, frivolous and an abuse of process in light of the applicant's previous litigation.  An application for leave to appeal to the Federal Court was dismissed by Tracey J on 8 August 2006.

There are no prospects of success on any appeal to this Court and the application is entirely without merit.  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 Justice Heydon and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED