SZCEX & Anor v MIMA & Anor

[2007] HCATrans 288

[2007] HCATrans 288

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S377 of 2006

B e t w e e n -

SZCEX

First Applicant

SZCEY

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 THURSDAY, 14 JUNE 2007, AT 9.33 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are citizens of India.  A decision by a delegate of the first respondent to refuse a protection visa was upheld by the Refugee Review Tribunal on credit grounds.

An application to the Federal Magistrates Court for judicial review was dismissed by Raphael FM for non-compliance with the court's orders.  He later refused an application to set aside that order.  The Federal Court of Australia (Jacobson J) dismissed an application for leave to appeal.

The applicants then applied to the Federal Magistrates Court again for judicial review.  Smith FM dismissed the application.  An application for leave to appeal to the Federal Court of Australia was dismissed by Rares J in default of appearance.

The applicants have demonstrated no error in the reasoning of the Tribunal, Smith FM or Rares J.  The application is dismissed.

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 9.34 THE MATTER WAS CONCLUDED