SZCMH & Anor v MIMA & Anor

[2006] HCATrans 705

[2006] HCATrans 705

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S183 of 2006

B e t w e e n -

SZCMH

First Applicant

SZCMI

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 DECEMBER 2006, AT 9.31 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicants are husband and wife and each is a citizen of India. They seek special leave to appeal against orders of a single judge of the Federal Court of Australia (Edmonds J) made in the exercise of the appellate jurisdiction of that Court. By those orders, Edmonds J dismissed the applicants’ appeal against orders of the Federal Magistrates Court (Smith FM) dismissing their application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of the Tribunal’s decision to affirm the refusal by a delegate of the Minister to grant the applicants protection visas.

The applicants were unrepresented in the courts below and are unrepresented in this Court. This application falls to be determined under r 41.10 of the High Court Rules 2004.

In the Federal Court, Edmonds J held that the Federal Magistrates Court had been correct in concluding that the Tribunal’s decision was not affected by jurisdictional error.  There is no reason to doubt the correctness of the decision of Edmonds J.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.32 AM THE MATTER WAS CONCLUDED