SZBTB & Ors v MIMIA & Anor

[2006] HCATrans 486

[2006] HCATrans 486

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S17 of 2006

B e t w e e n -

SZBTB

First Applicant

SZBTC

Second Applicant

SZBTD

Third Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.33 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are husband, wife and child and are citizens of Bangladesh.  The first applicant claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal considered significant aspects of the first applicant’s evidence to be confused, implausible and internally inconsistent and did not consider him to be a credible witness.

The Federal Magistrates Court dismissed the applicants’ application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Madgwick J.

The applicants’ written case is formulaic in nature and discloses no relevant or coherent grounds for the grant of special leave.  There would be no prospect of success on any appeal to this Court from the Federal Court.  Special leave is refused.

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 Heydon J and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED