MZWZS & Anor v MIMA & Anor

[2006] HCATrans 548

[2006] HCATrans 548

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M55 of 2006

B e t w e e n -

MZWZS AND MZWZT

Applicants

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 THURSDAY, 5 OCTOBER 2006, AT 9.12 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are mother and daughter.  They are citizens of Sri Lanka.  A delegate of the first respondent refused their application for protection visas.  The Refugee Review Tribunal dismissed an application for review on the ground that the first applicant had not suffered harm for a Convention reason in the past and was not likely to in future. 

The Federal Magistrates Court (McInnis FM) dismissed an application for review and the Federal Court of Australia (Marshall J) dismissed an appeal.  An application for special leave to appeal to this Court was then dismissed by McHugh and Heydon JJ.

The applicants then filed a fresh application for judicial review in the Federal Magistrates Court.  Riethmuller FM dismissed it as an abuse of process.  The Federal Court of Australia (Merkel J) dismissed an appeal. 

The applicants’ application for special leave to appeal to this Court must be dismissed because there would be no chance of demonstrating error if special leave were granted.

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 9.14 AM THE MATTER WAS CONCLUDED