SZAJB v MIMA [2007] HCATrans 241 (24 May 2007)

Last Updated: 31 May 2007

[2007] HCATrans 241

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S349 of 2006

B e t w e e n -

SZAJB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 THURSDAY, 24 MAY 2007 AT 9.26 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of Pakistan, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Jessup J) exercising the appellate jurisdiction of that Court. Jessup J dismissed the applicant's appeal against orders of Raphael FM. The Federal Magistrate summarily dismissed an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal made in February 2003. The applicant had made earlier applications to the Federal Magistrates Court and directly to this Court for like relief in respect of that decision. Those applications had failed at first instance and on appeal.

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

The actual orders made by the courts below are not attended by doubt. The proceedings instituted by the applicant in the Federal Magistrates Court were, in the circumstances of this case, an abuse of process. The questions of preclusion considered in the courts below need not be considered.

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 9.27 AM THE MATTER WAS CONCLUDED