SZHGO & Ors v MIMA & Anor

[2006] HCATrans 646

[2006] HCATrans 646

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S161 of 2006

B e t w e e n -

SZHGO

First Applicant

SZHGP

Second Applicant

SZHGQ

Third 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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 15 NOVEMBER 2006, AT 9.45 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants (a husband, a wife and a child) are citizens of India. A delegate of the first respondent refused their application for a protection visa. The Refugee Review Tribunal (“the Tribunal”) affirmed that decision. An application for judicial review to the Federal Court of Australia was discontinued; an attempt to reinstate it was dismissed. An application by the applicant under s 75(v) of the Constitution to this Court was remitted to the Federal Court of Australia, and dismissed. An appeal to the Full Court of the Federal Court of Australia was dismissed. An application for special leave to appeal to this Court was dismissed by Hayne and Callinan JJ.

The applicants then commenced proceedings in the Federal Magistrates Court seeking judicial review of the Tribunal decision.  Barnes FM dismissed them as an abuse of process.  The Federal Court of Australia (Moore J) dismissed an application for leave to appeal.

The applicants’ application for special leave to appeal raises no possibility of any error in any of the numerous decisions already arrived at.

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 Heydon J and myself.

AT 9.46 AM THE MATTER WAS CONCLUDED