Applicants M293-2003 v MIMIA & Anor

[2006] HCATrans 480

[2006] HCATrans 480

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M29 of 2006

B e t w e e n -

APPLICANTS M293 OF 2003

Applicant

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 J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.22 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are a family of Sri Lankan citizens who rely on the first applicant’s claim to fear political persecution.  The Refugee Review Tribunal upheld the decision of a delegate of the first respondent to refuse a protection visa.  The Tribunal rejected numerous aspects of the first applicant’s claims on credit grounds.

The applicants then commenced proceedings in this Court seeking relief under s 75 of the Constitution. The matter was remitted, eventually, to the Federal Magistrates Court. O’Dwyer FM rejected the first applicant’s arguments as revealing no jurisdictional error. The appeal to the Federal Court of Australia (Wilcox J) failed.

In this application the first applicant contends that the Federal Court of Australia erred in failing to grant an adjournment, in failing to correct the Federal Magistrates Court’s error in not finding a breach of the rules of natural justice by the Tribunal, and in failing to correct the Federal Magistrates Court’s error in not finding jurisdictional error by the Tribunal. 

The applicant raises no arguable question of law.  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 Heydon J and myself.

AT 9.24 AM THE MATTER WAS CONCLUDED