SZDTX & Anor v MIMIA & Anor

[2006] HCATrans 364

[2006] HCATrans 364

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S581 of 2005

B e t w e e n -

SZDTX

First Applicant

SZDTY

Second 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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 9.43 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicants, a husband and wife, are citizens of India.  They seek special leave to appeal against the orders of a judge of the Federal Court of Australia (Tamberlin J).

On 15 April 2004, the Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicants protection visas. The applicants applied to the Federal Magistrates Court for relief under s 39B of the Judiciary Act 1903 (Cth), in respect of this decision of the Refugee Review Tribunal. That application was dismissed. The applicants’ appeal to a single judge of the Federal Court, exercising the appellate jurisdiction of that Court, was dismissed by Tamberlin J for want of appearance. The applicants then filed a notice of motion to set aside that order, and Tamberlin J dismissed that application.

This application for special leave to appeal is made out of time.

Because the applicants are unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicants’ written submissions in support of the application for special leave adopt a common form and raise no arguable ground which would warrant the grant of an extension of time, or special leave to appeal.  We see no reason to doubt the correctness of the decision of Tamberlin 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 9.45 AM THE MATTER WAS CONCLUDED