SZAPF v MIMIA & Anor [2006] HCATrans 649 (15 November 2006)

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SZAPF v MIMIA & Anor [2006] HCATrans 649 (15 November 2006)

Last Updated: 23 November 2006

[2006] HCATrans 649

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S165 of 2006

B e t w e e n -

SZAPF

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 NOVEMBER 2006, AT 9.48 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh. A delegate of the first respondent refused his application for a protection visa. The Refugee Review Tribunal affirmed that decision. The Federal Magistrates Court dismissed an application for judicial review. The Federal Court of Australia dismissed an appeal. This Court (Gummow and Kirby JJ) then dismissed an application for special leave to appeal.

The applicant then sought judicial review of the delegate’s decision in the Federal Magistrates Court. Scarlett FM dismissed the application as an abuse of process. The Federal Court of Australia (Black CJ) dismissed an application for leave to appeal.

The application for special leave to appeal establishes no possibility of any error in the decisions below.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Heydon J and myself.

AT 9.49 AM THE MATTER WAS CONCLUDED