Applicants M18-2002 v MIMIA

[2005] HCATrans 340

[2005] HCATrans 340

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M115 of 2004

B e t w e e n -

APPLICANTS M18/2002

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.19 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicants are Sri Lankan nationals of the Burgher ethnic minority group.  The applicant mother sought a protection visa claiming to have a well-founded fear of persecution on the ground of actual or imputed political opinion.

She claimed to have had a close involvement with the United National Party in Sri Lanka and that in 1994 she was subjected to threats by members of the opposition Peoples’ Alliance Party.  She further claimed to have been subjected to threats she believed came from the group known as the Liberation Tigers of Tamil Eelam.

The Refugee Review Tribunal affirmed the decision of a delegate of the respondent to refuse to grant the applicants’ visas.  The Tribunal disbelieved elements of the applicant mother’s claims, and was unable to conclude that she had a well-founded fear of persecution on her return to Sri Lanka.  An application for orders nisi for constitutional writs was lodged in this Court and remitted to the Federal Court.  That application was dismissed by Sundberg J.  The Full Court of the Federal Court (Moore, Sackville and Emmett JJ) dismissed an appeal.

We have considered the applicants’ written submissions, as amended, and the decisions of the Tribunal and the courts below.  There are insufficient prospects of success on an appeal from the Full Court to warrant a grant of special leave.  Accordingly, the application for special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.21 AM THE MATTER WAS CONCLUDED