WAJU v MIMIA

[2005] HCATrans 282

[2005] HCATrans 282

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P19 of 2004

B e t w e e n -

WAJU

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 WEDNESDAY, 27 APRIL 2005, AT 4.38 PM

Copyright in the High Court of Australia

HAYNE J:   A single judge of the Federal Court declined to grant the applicant an extension of time in which to appeal against the judgment of a Federal Magistrate who had refused to interfere with a decision of the Refugee Review Tribunal not to grant the applicant a protection visa.

This was a discretionary judgment of the Federal Court and no error has been demonstrated on the part of the Court in exercising that discretion.

Even so, the Federal Court did deal with the substance of the applicant’s case and formed the view that were time to be extended the appeal would be bound to fail.

It is not necessary to consider whether an appeal lies to this Court from the orders the applicant seeks to challenge.

There is no reason to doubt the correctness of the Federal Court’s decision in either respect, and the application to this Court should therefore be dismissed.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 4.39 PM THE MATTER WAS CONCLUDED