MZXCV & Ors v MIMA & Anor

[2007] HCATrans 127

[2007] HCATrans 127

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M115 of 2006

B e t w e e n -

MZXCV

First Applicant

MZXCW

Second Applicant

MZXCX

Third Applicant

MZXCY

Fourth Applicant

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 18 APRIL 2007, AT 9.37 AM

Copyright in the High Court of Australia

__________________

HAYNE J: The applicants are husband, wife and their two sons, and are citizens of Sri Lanka. They seek special leave to appeal against the orders of a single judge of the Federal Court of Australia (Middleton J) exercising the appellate jurisdiction of that Court. By those orders, Middleton J dismissed the applicants' appeal against orders of the Federal Magistrates Court (Phipps FM) dismissing an application for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of a decision of the Refugee Review Tribunal. The Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas.

In the Federal Court, Middleton J found that there was no basis for considering that the Tribunal had misconstrued its task, or failed to address the correct inquiry, and found that there had not been a denial of procedural fairness.

Because the applicants are unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicants have not advanced any questions of law which would justify a grant of special leave to appeal, and there is no reason to doubt the correctness of the decision of Middleton J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.38 AM THE MATTER WAS CONCLUDED