NAXN and Ors v MIMIA

[2005] HCATrans 209

[2005] HCATrans 209

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S324 of 2004

B e t w e e n -

NAXN

First Applicant

NAXO

Second Applicant

NAXP

Third Applicant

NAXQ

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, 21 APRIL 2005, AT 9.30 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   In September 2003, the Refugee Review Tribunal rejected the claim of the applicants, a husband and wife and their two children, of Indian ethnicity and Fijian citizenship, for a protection visa on the ground that the applicants would suffer Convention based persecution if they were returned to Fiji.  The Tribunal held that the Indian community in Fiji is protected by existing laws and a criminal justice system and that, although there are shortcomings in the Fijian police force, it was not such as to give rise to a real chance that the applicants would be persecuted.

Justice Allsop of the Federal Court found that the Tribunal did not deny natural justice or procedural fairness to the applicant nor fail to take into account a relevant consideration.

The Full Court of the Federal Court dismissed an appeal against his decision.  The Full Court held that Allsop J had not erred in finding that the Tribunal had not failed to take into account a relevant consideration and in holding that the Tribunal did not breach principles of procedural fairness in failing to ask for newspaper clippings that the applicants mentioned during the hearing.

The applicant's special leave application complained of errors of law and procedural errors.  However, nothing in the special leave application gives any ground for thinking that an appeal has any prospects of success.

The application is dismissed.

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.  I publish our joint reasons.

AT 9.31 AM THE MATTER WAS CONCLUDED