SZCVU v MIMA & Anor [2007] HCATrans 471 (29 August 2007)

Last Updated: 4 September 2007

[2007] HCATrans 471

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S397 of 2006

B e t w e e n -

SZCVU

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 WEDNESDAY, 29 AUGUST 2007, AT 9.23 AM

Copyright in the High Court of Australia
HAYNE J: The applicant is a citizen of Bangladesh. He arrived in Australia as long ago as September 1996. In January 1997, he applied for a protection visa but in July that year a delegate of the Minister refused his application. The applicant sought review of the refusal. The Refugee Review Tribunal affirmed the refusal in September 1998, chiefly on the basis that the applicant had provided only "general and vague details about his claims".

It was about three years later that the applicant first sought judicial review of the Tribunal's decision by joining the class action that has come to be known as the Muin and Lie matter. Ultimately, the applicant's application came before the Federal Magistrates Court as a claim for relief under s 39B of the Judiciary Act 1903 (Cth) and associated relief. The claim was dismissed by Lloyd-Jones FM in June 2006.

The applicant now seeks special leave to appeal to this Court against the orders of a single judge of the Federal Court of Australia (Moore J) dismissing the applicant's appeal against the orders of the Federal Magistrates Court. Because the applicant is unrepresented, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the decision of Moore J.

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 9.24 AM THE MATTER WAS CONCLUDED