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Applicant S1586/2003 v MIMA & Anor [ 2007] HCATrans 513  (5 September 2007)

Last Updated: 11 September 2007

 [2007] HCATrans 513 

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S19 of 2007

B e t w e e n -

APPLICANT S1586/2003

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 5 SEPTEMBER 2007, AT 9.40 AM

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Dowsett J) exercising the appellate jurisdiction of that Court. By those orders, Dowsett J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Barnes FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth) in respect of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.

The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

We see no reason to doubt the correctness of the conclusions reached in the courts below.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs. I publish that disposition.

AT 9.41 AM THE MATTER WAS CONCLUDED