MZXKM & Ors v MIAC & Anor

[2008] HCATrans 56

[2008] HCATrans 056

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M56 of 2007

B e t w e e n -

MZXKM

First Applicant

MZXKN

Second Applicant

MZXKO

Third Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

THE 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 THURSDAY, 7 FEBRUARY 2008, AT 9.05 AM

Copyright in the High Court of Australia

__________________

HAYNE J: The applicants, a man, his partner and his daughter, citizens of Fiji with Indian ethnic origin, seek special leave to appeal against the orders of a single judge of the Federal Court of Australia (Nicholson J) dismissing the applicants' application for leave to appeal against orders of the Federal Magistrates Court (McInnis FM). By those orders, McInnis FM dismissed an application for reinstatement of an application for judicial review of a decision of the Refugee Review Tribunal. McInnis FM did not accept that a reasonable excuse for not attending an application for summary dismissal had been provided by the first or second applicants. His Honour also found that the applicants' application fell outside the statutory timeframe provided for by s 477 of the Migration Act 1958 (Cth) so that there was no arguable case. The Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas.

There is no reason to doubt the correctness of the orders made in the courts below.

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 9.06 AM THE MATTER WAS CONCLUDED