Applicants S69-2004 v MIMIA

[2005] HCATrans 355

[2005] HCATrans 355

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S68 of 2005

B e t w e e n -

APPLICANTS S69 OF 2004

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.51 PM

Copyright in the High Court of Australia

HAYNE J:   The applicants seek special leave to appeal from a judgment of the Federal Court.  The applicants are members of the one family and citizens of India.  They applied for and were refused protection visas.  That refusal was the subject of proceedings in the Refugee Review Tribunal, an application for review in the Federal Court, an appeal to the Full Court of the Federal Court, and an application for special leave to appeal to this Court which was dismissed on 13 February 2004.

The applicants then made an application for constitutional writs to this Court, a Justice of which remitted that application to the Federal Court.  A single judge of the Federal Court dismissed that application, and it is in respect of that last proceeding that the applicants sought an extension of time within which to appeal to the Full Court of the Federal Court.  A single judge refused to extend time as sought and dismissed the application on the basis that there was no realistic prospect of success on appeal.  It is unnecessary to consider whether an appeal to this Court would be competent (Federal Court of Australia Act 1976 (Cth), s 33(2)).

There is no reason to doubt the correctness of that decision, either on the basis of the applicants’ written case or otherwise.  The application for special leave to appeal must be dismissed.

Because the applicants are unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition.

AT 1.52 PM THE MATTER WAS CONCLUDED