Applicant S240/2003 v Minister for Immigration & Citizenship & Anor [2007] HCATrans 738 (6 December 2007)

Last Updated: 14 December 2007

[2007] HCATrans 738

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S146 of 2007

B e t w e e n -

APPLICANT S240/2003

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 DECEMBER 2007, AT 9.36 AM

Copyright in the High Court of Australia

HEYDON J: The applicant is a citizen of Bangladesh. He arrived in Australia nearly 17 years ago, claiming to fear political persecution. A delegate of the first respondent refused the applicant's application for a protection visa. The second respondent upheld that decision on credibility grounds.

The Federal Magistrates Court (Barnes FM) rejected an application for judicial review as incompetent, since it was filed out of time. The Federal Court of Australia (Moore J) refused leave to appeal.

The papers filed in support of the applicant's application for special leave to appeal do not address the reasoning of the courts below. They do claim that the Tribunal fell into jurisdictional error, but do not demonstrate how. An appeal would have no prospects of success. The application is 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 that disposition signed by Justice Kirby and myself.

AT 9.39 AM THE MATTER WAS CONCLUDED