SZEGE v MIMA & Anor [2007] HCATrans 244 (24 May 2007)

Last Updated: 31 May 2007

[2007] HCATrans 244

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S370 of 2006

B e t w e e n -

SZEGE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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, 24 MAY 2007 AT 9.30 AM

Copyright in the High Court of Australia

HAYNE J: The applicant is a citizen of India. He seeks special leave to appeal against orders made by a single judge of the Federal Court of Australia (Moore J) in the exercise of the appellate jurisdiction of that Court. By those orders Moore J dismissed the applicant's application for leave to appeal against the orders of Scarlett FM. The Federal Magistrate had dismissed the applicant's application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the decision of a delegate of the Minister who refused to grant the applicant a protection visa. The applicant had earlier sought, unsuccessfully, review of that decision by the Refugee Review Tribunal. He then sought judicial review of the Tribunal’s decision, but that application failed at first instance and on appeal and his application for special leave to appeal to this Court was dismissed.

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

There is no reason to doubt the correctness of the conclusion reached in the courts below that the application for judicial review of the delegate’s decision must fail.

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 9.31 AM THE MATTER WAS CONCLUDED