SZEXF & Ors v MIMIA & Anor

[2007] HCATrans 284

[2007] HCATrans 284

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S353 of 2006

B e t w e e n -

SZEXF

First Applicant

SZEXG

Second Applicant

SZEXH

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.28 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants (husband, wife and daughter) claim to be citizens of Bangladesh.  On 28 April 2003 the Refugee Review Tribunal upheld the decision of a delegate of the first respondent not to grant a protection visa.  It did so on credibility grounds; on the ground that whatever the position in 1997, the husband was not now likely to be a subject of interest to his political enemies; and on the ground that he could relocate within Bangladesh.

Over 13 months later, the applicants applied to the Federal Magistrates Court for judicial review.  On 16 December 2005 Nicholls FM dismissed that application.  The first applicant expressly declined to explain the delay.  Nicholls FM dismissed the application on that ground.  He also held that even if the Tribunal's failure to advise the applicants that inconsistencies in the first applicant's accounts could be relied on to reach a conclusion that his claims should be rejected was a jurisdictional error, the other reasons independently supported the outcome. 

On 18 September 2006 the Federal Court of Australia (Conti J) dismissed an appeal on the ground that no error had been shown in the reasoning of Nicholls FM. 

The applicant's written case does not grapple with that reasoning.  There are no prospects of success in any appeal were special leave to be granted.  The application must be 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 9.29 AM THE MATTER WAS CONCLUDED