NAHI & Ors v MIMIA

[2005] HCATrans 126

[2005] HCATrans 126

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S49 of 2004

B e t w e e n -

NAHI

First Applicant

NAHJ

Second Applicant

NAHK

Third 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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.27 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are husband and wife and their child. They are citizens of Sri Lanka. They seek special leave to appeal against a decision of the Full Court of the Federal Court. The Full Court dismissed their appeal against the decision of a judge of that Court who had dismissed their application under s 39B of the Judiciary Act 1903 (Cth) for relief directed to the Refugee Review Tribunal in respect of its decisions affirming the refusal of the grant of protection visas.

The Full Court said that in effect the applicants had sought to have the Federal Court take a different view of various issues of fact from that taken by the Tribunal and that no jurisdictional error had been shown.

There are insufficient prospects of success to warrant the grant of special leave and accordingly special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application with costs.

I publish that disposition signed by Justice Kirby and myself.

AT 9.29 AM THE MATTER WAS CONCLUDED