SZBQG v MIMIA [2006] HCATrans 365 (2 August 2006)

--

SZBQG v MIMIA [2006] HCATrans 365 (2 August 2006)

Last Updated: 4 August 2006

[2006] HCATrans 365

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S2 of 2006

B e t w e e n -

SZBQG

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
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 9.45 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Jacobson J) exercising the appellate jurisdiction of that Court. By those orders, Jacobson J dismissed the applicant’s appeal against orders of the Federal Magistrates Court dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal affirming the decision of a delegate of the Minister 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.

The applicant’s written submissions in support of the application for special leave set out no questions of law which would warrant the grant of special leave to appeal to this Court. We see no reason to doubt the correctness of the decision of Jacobson J that there was neither jurisdictional error on the part of the Refugee Review Tribunal, nor error in the decision of the Federal Magistrates Court. Moreover, there is evidence in the application materials that on 17 February 2006, the applicant departed Australia on a bridging visa E (Class WA) which visa does not entitle the applicant to re-enter Australia; accordingly any grant of special leave would be rendered futile by this event.

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 9.46 AM THE MATTER WAS CONCLUDED