VBAP v MIMIA

[2005] HCATrans 940

[2005] HCATrans 940

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M89 of 2005

B e t w e e n -

VBAP

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 17 NOVEMBER 2005, AT 9.24 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, a citizen of Sri Lanka, sought and was refused a protection visa by a delegate of the respondent. That refusal was affirmed by the Refugee Review Tribunal. He then unsuccessfully sought a review of that decision by a Federal Magistrate. His next step was to appeal to the Federal Court, the appellate powers of which were exercised by a single judge of the Court pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth).

In neither the Federal Magistrates Court nor the Federal Court was the applicant able to demonstrate any jurisdictional or like error on the part of the Refugee Review Tribunal to justify the intervention of those Courts.  Nor is the applicant able to demonstrate in his written submissions to this Court any error on the part of the Federal Court.  The application for special leave to appeal to this Court must therefore be dismissed.

Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.25 AM THE MATTER WAS CONCLUDED