SZBBV & Ors v MIMIA [2005] HCATrans 539 (5 August 2005)

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SZBBV & Ors v MIMIA [2005] HCATrans 539 (5 August 2005)

Last Updated: 25 August 2005

[2005] HCATrans 539

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S114 of 2005

B e t w e e n -

SZBBV

First Applicant

SZBBW

Second Applicant

SZBBX

Third Applicant

SZBBY

Fourth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.58 AM

Copyright in the High Court of Australia

__________________

McHUGH J: The Refugee Review Tribunal rejected the claim of the applicants, Indian nationals, for protection visas because the Tribunal believed that the first applicant had concocted most of his claims and so the Tribunal was not satisfied that the applicants had a well-founded fear of persecution in India for reasons of political opinion or religion.

The Federal Magistrates Court held that the Tribunal did not misunderstand the definition of “refugee”, fail to take relevant evidence into account, err in failing to provide evidence that contradicted the applicants’ evidence or breach the rules of natural justice.

The Federal Court held that the applicants’ Notice of Appeal did not raise any proper ground of appeal.

The applicants’ special leave application complained that the Federal Court failed to appreciate the facts, dismissed its appeal in haste and failed to appreciate the seriousness of their grounds of appeal.

The applicants raise no ground on which to disturb the decision of the Federal Court. An appeal would have no prospect of success. The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish our joint reasons.

AT 8.58 AM THE MATTER WAS CONCLUDED