SZAEX and Anor v MIMIA

[2005] HCATrans 133

[2005] HCATrans 133

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S125 of 2004

B e t w e e n -

SZAEX

First Applicant

SZBOK

Second 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 9.35 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are husband and wife and citizens of India.

The Refugee Review Tribunal affirmed the decision not to grant them a protection visa.  The Tribunal formed the view that the applicants had not presented a truthful account of their circumstances in India.  In an application for review by the Federal Magistrates Court and on appeal to a single judge of the Federal Court, it was determined that the Tribunal’s decision had turned on these and other questions of fact and did not disclose an error of law or other jurisdictional error.

There are insufficient prospects of success to warrant a grant of special leave.  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 the application with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED