SZEIE & Ors v MIMIA

[2007] HCATrans 736

[2007] HCATrans 736

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S142 of 2007

B e t w e e n -

SZEIE

First Applicant

SZEIF

Second Applicant

SZEIG

Third Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 DECEMBER 2007, AT 9.35 AM

Copyright in the High Court of Australia

__________________

HEYDON J:   The applicants (husband, wife and child) are citizens of the People's Republic of China.  The first applicant claimed that his brother and other persons threatened him with adverse consequences for failing to reveal information about persons who had fled Hong Kong before 1997 and about Falun Gong practitioners in Sydney.  A delegate of the respondent refused their application for protection visas.  The Refugee Review Tribunal upheld that decision because it rejected the factual basis of the claims.

The Federal Magistrates Court (Lloyd-Jones FM) rejected an application for judicial review on the ground that the Tribunal had not fallen into jurisdictional error.  The Federal Court of Australia (Sackville J) dismissed an appeal.

The documents filed in support of the applicants' special leave application do not advance any reason for doubting the correctness of the decisions in the courts below.  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 that disposition signed by Justice Kirby and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED