Applicants A55-2003 v MIMIA & Anor

[2006] HCATrans 292

[2006] HCATrans 292

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S596 of 2005

B e t w e e n -

APPLICANTS A55/2003

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW ACJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 JUNE 2006, AT 9.33 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   The applicants (a husband, a wife and two of their children) are citizens of India.  The husband claims to fear persecution on the grounds of membership in the Hindu and Minority Communities Association and the Congress Party.  The Refugee Review Tribunal accepted that the first applicant was a member of these organisations, but rejected his evidence that he had been attacked, and considered that there was only a remote chance of him coming to serious harm on return to India.  Hence it affirmed the decision of a delegate of the first respondent to refuse a protection visa.

The Federal Magistrates Court (Emmett FM) dismissed an application for judicial review on the ground that the Tribunal’s decision was free of jurisdictional error.

The Federal Court of Australia (Wilcox J) agreed.

The applicants’ application for special leave to appeal to this Court does not demonstrate that there would be any prospects of success in an appeal.  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 the disposition signed by Heydon J and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED