SZIUK v MIAC & Anor

[2007] HCATrans 676

[2007] HCATrans 676

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S98 of 2007

B e t w e e n -

SZIUK

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 NOVEMBER 2007, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of Pakistan, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Tracey J) exercising the appellate jurisdiction of that Court. By those orders, Tracey J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Burchardt FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal. The Tribunal found that, as the applicant had sought review of the delegate's decision outside the mandatory 28 day time limit, the Tribunal had no jurisdiction to review the delegate's decision, which decision was to refuse to grant the applicant a protection visa.

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 Federal Court's conclusion that the Tribunal did not have jurisdiction to entertain the application in the circumstances.  No question of principle arises in this application.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.37 AM THE MATTER WAS CONCLUDED