VCAT of 2002 & Ors v MIMA & Anor

[2007] HCATrans 42

[2007] HCATrans 042

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M97 of 2006

B e t w e e n -

VCAT OF 2002, VCAU OF 2002, VCAV OF 2002 AND VCAW OF 2002

Applicants

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 THURSDAY, 8 FEBRUARY 2007, AT 9.36 AM

Copyright in the High Court of Australia

GUMMOW J:    The applicants are citizens of India.  A delegate of the first respondent refused their application for a protection visa.  The Refugee Review Tribunal upheld that decision on credit grounds.  The Federal Court of Australia (Ryan J) refused judicial review.  An appeal to the Full Court of the Federal Court of Australia failed, but an appeal to this Court succeeded, and the matter was remitted to the Full Court.  The second Full Court, like the first, dismissed the appeal from Ryan J’s orders.

The very brief documents filed by the applicants in support of their application for special leave to appeal do not demonstrate any error in the reasoning of the second Full Court.

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 Heydon J and myself.

AT 9.37 AM THE MATTER WAS CONCLUDED