Applicant S1338/2003 v MIMIA & Anor [2006] HCATrans 503 (7 September 2006)

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Applicant S1338/2003 v MIMIA & Anor [2006] HCATrans 503 (7 September 2006)

Last Updated: 25 September 2006

[2006] HCATrans 503

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S53 of 2006

B e t w e e n -

APPLICANT S1338 OF 2003

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 THURSDAY, 7 SEPTEMBER 2006, AT 9.05 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of Fiji, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Stone J) exercising the appellate jurisdiction of that Court. By those orders, Stone 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 the decision of the Refugee Review Tribunal affirming the refusal by a delegate of the Minister to grant the applicant a protection visa.

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

The application to the Federal Magistrates Court was made nearly nine years after the Tribunal’s decision. Delay in instituting the proceedings was a significant reason given by the Federal Magistrate for refusing the application. It is unnecessary to consider the correctness of that conclusion. There is no reason to doubt the conclusion of Stone J that the Tribunal was not shown to have made any jurisdictional error.

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 9.07 AM THE MATTER WAS CONCLUDED