NANB & Ors v MIMIA

[2005] HCATrans 88

[2005] HCATrans 088

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S227 of 2004

B e t w e e n -

NANB

Applicant

NANC

Second Applicant

NAND

Third Applicant

NANE

Fourth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.42 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   The applicants – a father, mother, son and daughter – are Fijians of Indian ethnicity.  The Refugee Review Tribunal rejected the father's claim to have a well-founded fear of racial persecution.  It rejected a claim that the wife had been raped and beaten, found that some difficulties were not Convention-related, said that the minor harassment the family had suffered was not "serious harm", and said that there was no real chance of "serious harm" in future.

The Federal Magistrates Court dismissed an application for judicial review on the ground that no jurisdictional error was apparent.

The Federal Court dismissed an appeal because the applicants pointed to no relevant error in the reasoning of the Tribunal or the Federal Magistrate.

The applicant's special leave application advances various pro forma complaints of jurisdictional error, including a breach of the principle in Muin v Refugee Review Tribunal (2002) 190 ALR 601, but none of these are sufficiently linked to the circumstances of this case.

There are no prospects of success in an appeal.

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.43 AM THE MATTER WAS CONCLUDED