NBBL v MIMA

[2007] HCATrans 511

[2007] HCATrans 511

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S10 of 2007

B e t w e e n -

NBBL

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 9.36 AM  

Copyright in the High Court of Australia

HAYNE J: The applicant, a citizen of The People's Republic of China, seeks special leave to appeal against the orders of Moore J in the Federal Court of Australia. Moore J dismissed what purported to be a notice of appeal against the order of another judge of the Federal Court of Australia, Greenwood J. The notice of appeal was dismissed on the basis that by virtue of s 24(1AAA) of the Federal Court of Australia Act 1976 (Cth), there is no jurisdiction in the Federal Court to entertain an appeal from a judgment of the type given by Greenwood J.

Greenwood J, sitting as a single judge exercising the appellate jurisdiction of the Federal Court, had 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 to this Court is brought out of time. The applicant has not made an application under r 41.02.2 of the High Court Rules 2004 for dispensation from compliance with the time limit fixed by r 41.02.1.

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

Insofar as the applicant seeks special leave to appeal against the decision of Moore J, the application is incompetent. Moore J was not exercising the appellate jurisdiction of the Federal Court, and s 33(2) of the Federal Court of Australia Act 1976 (Cth) excludes an appeal to this Court from a judgment of the Federal Court constituted by a single judge.

We add that, even if that were not so, no error is apparent in the judgment of Greenwood J and no error is shown in the Tribunal proceeding as it did despite the applicant's failure to attend the hearing before it.

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 9.39 AM THE MATTER WAS CONCLUDED