SZEIN & Ors v MIMIA

[2006] HCATrans 309

[2006] HCATrans 309

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S568 of 2005

B e t w e e n -

SZEIN

First Applicant

SZEIO

Second Applicant

SZEIP

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

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 JUNE 2006, AT 9.26 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicants are husband, wife and child. They are citizens of India. They seek special leave to appeal against the orders of a single judge of the Federal Court of Australia (Branson J) who, exercising the appellate jurisdiction of that Court, dismissed the applicants’ appeal against orders made by the Federal Magistrates Court. The Federal Magistrates Court had dismissed the applicants’ application for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the decision of the Refugee Review Tribunal affirming the refusal of a delegate of the Minister to grant the applicants’ protection visas.

Because the applicants are unrepresented their applications fall to be dealt with under r 41.10 of the High Court Rules 2004.

The applicants need orders remedying procedural defaults.

There is no reason to doubt the correctness of the decision of Branson J.

The necessary order remedying defaults should be made but 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 9.28 AM THE MATTER WAS CONCLUDED