SBNC & Ors v MIMIA

[2007] HCATrans 277

[2007] HCATrans 277

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A25 of 2006

B e t w e e n -

SBNC, SBPC, SBQC and SBRC

Applicants

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.15 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants are a family of indigenous Fijians.  They claim to fear persecution for a Convention reason by virtue of the political involvement of the applicant wife in causes to better the social and economic position of Fijians of Indian ethnic origin.  A delegate of the first respondent found that there was no well-founded fear of persecution that would justify the grant of a protection visa.  An application for review of this decision by the Refugee Review Tribunal was refused as being out of time.

The applicants then applied for judicial review of the delegate's decision in the Federal Court, but Finn J dismissed the application as the delegate's decision was not in error and had placed reasonable weight on the available country information.  The applicants then sought and obtained an extension of time to appeal the judgment of Finn J.  Before the Full Court of the Federal Court, the applicants pressed contentions that the delegate erred in law in that the delegate's interpretation of "harm" was unduly narrow.  The Full Court (French, Lander and Besanko JJ) ruled that the delegate had not erred in law, and dismissed the applicant's appeal. 

The applicants' case before this Court discloses no error on the part of the Full Court of the Federal Court, and any appeal has insufficient prospects of success to warrant a grant of special leave.

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 9.16 AM THE MATTER WAS CONCLUDED