Applicants M237 of 2002 v MIMA

[2007] HCATrans 185

[2007] HCATrans 185

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M117 of 2006

B e t w e e n -

APPLICANTS M237/2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.44 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants, who are a mother and her daughter, are citizens of Sri Lanka.  Their applications for protection visas were refused by a delegate of the respondent.  An application to the Federal Court of Australia (Marshall J) for judicial review failed, as did an appeal to the full Federal Court.  An application for special leave to appeal to this Court was discontinued. 

The applicants then applied to this Court for certiorari and prohibition.  That application was remitted to the Federal Court.  An application for extension of time in relation to certiorari was dismissed by North J, as was an appeal to the full Federal Court.  Merkel J then dismissed an application for prohibition on grounds of res judicata and issue estoppel.  Finkelstein J refused leave to appeal against that decision.

The applicant has advanced no ground which would give an appeal any prospects of success were special leave granted.  The application must be 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 Justice Heydon and myself.

The Court will adjourn until 10.00 am.

AT 9.45 AM THE MATTER WAS CONCLUDED