Kim & Anor v MIMIA

[2007] HCATrans 36

[2007] HCATrans 036

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S245 of 2006

B e t w e e n -

YONG JA KIM

First Applicant

IL SOUNG WON

Second Applicant

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 THURSDAY, 8 FEBRUARY 2007, AT 9.27 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants applied for education (temporary) visas.  A delegate of the respondent rejected the applications.  The Migration Review Tribunal affirmed the delegate’s decision.  The Federal Magistrates Court (Lloyd-Jones FM) dismissed an application for judicial review for the reason that, contrary to the applicants’ only contention, the Tribunal had discharged its obligation to notify the applicants of the hearing before the Tribunal.  The Full Court of the Federal Court of Australia (Heerey, Conti and Jacobson JJ) dismissed an appeal. 

There are no prospects of success in any appeal were special leave to be 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 Heydon J and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED