SZAVG v MIMIA & Anor [2006] HCATrans 369 (2 August 2006)

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SZAVG v MIMIA & Anor [2006] HCATrans 369 (2 August 2006)

Last Updated: 4 August 2006

[2006] HCATrans 369

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S9 of 2006

B e t w e e n -

SZAVG

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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 9.50 AM

Copyright in the High Court of Australia

HAYNE 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 (Wilcox J). This is the second time the applicant has filed an application for special leave to appeal to this Court. The earlier application for special leave, concerning orders made by another single judge (Stone J) on 9 December 2003, was deemed abandoned in 2004.

On 15 August 2005, the applicant filed a new application for relief in the Federal Magistrates Court under s 39B of the Judiciary Act 1903 (Cth), in respect of the decision of the Refugee Review Tribunal which had been the subject of the earlier proceedings and which affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The new application to the Federal Magistrates Court for such relief was made years out of time. The Federal Magistrates Court (Lloyd-Jones FM) held that the applicant failed to demonstrate any reason why that Court should not adhere to the relevant time limit, and the application was dismissed. The applicant’s application for leave to appeal to the Federal Court against this order was dismissed by Wilcox J.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

It is not necessary to decide whether an appeal would lie to this Court against the order of Wilcox J refusing leave. The applicant’s written submissions in support of the application for special leave raise no arguable grounds for the grant of special leave. An appeal (if competent) would enjoy no prospect of success.

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 9.52 AM THE MATTER WAS CONCLUDED