MZXDS & Anor v MIMA & Anor

[2007] HCATrans 316

[2007] HCATrans 316

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M110 of 2006

B e t w e e n -

MZXDS AND MZXDT

Applicants

and

MINISTER FOR IMMIGRATION & 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, 14 JUNE 2007, AT 9.21AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are a wife, husband and two children who are citizens of Fiji.  They arrived in Australia on 11 December 1997.  The applicant wife applied for a protection visa.  This would provide an opportunity for her son to receive treatment for muscular dystrophy in Australia.  The application was refused by a delegate of the respondent Minister, and this refusal was upheld by the Refugee Review Tribunal ("the Tribunal") on the basis that the applicants had no fear of persecution for a Convention reason.

The Federal Magistrates Court (McInnis FM) found no error of law in the reasoning of the Tribunal and held that any determination of the applicants' case upon humanitarian considerations was solely a matter within the discretion of the Minister. Weinberg J in the Federal Court upheld the reasoning of McInnis FM, and dismissed an application for leave to appeal out of time.

The applicants' case before this Court complains of the failure by the Federal Magistrate to allow an adjournment, but this was answered by Weinberg J in the Federal Court.  There is disclosed no error on the part of the Federal Court, and an appeal has no prospects of success.  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 Justice Heydon and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED