Applicants S503-2003 v MIMIA

[2006] HCATrans 79

[2006] HCATrans 079

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S367 of 2005

B e t w e e n -

APPLICANTS S503/2003

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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, 7 MARCH 2006, AT 9.31 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are husband and wife and are citizens of Sri Lanka.  The applicant husband claims to fear persecution on the grounds of his Tamil ethnicity and imputed political opinion as a supporter of the Liberation Tigers of Tamil Eelam.  His claim for a protection visa was rejected by the Refugee Review Tribunal. 

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was discontinued.  An application for constitutional writs was then filed in this Court and remitted to the Federal Court.  Jacobson J dismissed the application as revealing no jurisdictional error, and did not consider the Minister’s contention that the application was precluded by principles of res judicata, issue estoppel or abuse of process.  An appeal to the Full Court of the Federal Court (Wilcox, Gyles and Downes JJ) was dismissed on the latter grounds.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court, the Federal Court and the Full Court of the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for special leave is refused.

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 9.33 AM THE MATTER WAS CONCLUDED