SZALD & Anor v MIMIA

[2005] HCATrans 503

[2005] HCATrans 503

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S366 of 2004

B e t w e e n -

SZALD

First Applicant

SZALE

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

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.48 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicants, Nepalese nationals who are husband and wife, for protection visas on the grounds that the Tribunal was not satisfied that either applicant was a Maoist activist, or that the applicants’ political opinions gave rise to a well‑founded fear of persecution by police, the ruling party or Nepalese authorities.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal did not fail to take relevant considerations into account.

The Federal Court dismissed an appeal on the ground that the applicant had not identified any error in the decision of the Federal Magistrate.

The applicant's special leave application complained of jurisdictional error, error of law and a failure to take into account relevant considerations.  There is no ground for doubting the correctness of the decision of the Federal Court.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by r 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 8.48 AM THE MATTER WAS CONCLUDED