Applicant S208 of 2003 v MIMA & Anor [2007] HCATrans 32 (8 February 2007)

Last Updated: 16 February 2007

[2007] HCATrans 032

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S238 of 2006

B e t w e e n -

APPLICANT S208 OF 2003

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.21 AM

Copyright in the High Court of Australia

GUMMOW J: A delegate of the first respondent refused the application of the applicant, a citizen of Bangladesh, for a protection visa. The Refugee Review Tribunal affirmed that decision on credit grounds. More than four years later the applicant sought orders nisi from this Court. The matter was remitted to the Federal Court of Australia, where Bennett J refused the application. The Federal Court of Australia (Wilcox J) dismissed an application for leave to appeal. The applicant then commenced proceedings for review of the Tribunal’s decision in the Federal Magistrates Court, which Scarlett FM dismissed. The Federal Court of Australia (Moore J) then dismissed an application for leave to appeal.

There are no prospects of success in any appeal were special leave to be granted. The application must be dismissed.

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 9.22 AM THE MATTER WAS CONCLUDED