SZDPO & Ors v MIMIA & Anor [2006] HCATrans 648 (15 November 2006)

--

SZDPO & Ors v MIMIA & Anor [2006] HCATrans 648 (15 November 2006)

Last Updated: 23 November 2006

[2006] HCATrans 648

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S163 of 2006

B e t w e e n -

SZDPO

First Applicant

SZDPP

Second Applicant

SZDPQ

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 WEDNESDAY, 15 NOVEMBER 2006, AT 9.47 AM

Copyright in the High Court of Australia

__________________

GUMMOW J: The applicants (a husband, a wife and their daughter) are citizens of India. The delegate of the first respondent rejected their application for a protection visa. The Refugee Review Tribunal (“the Tribunal”) affirmed that decision. The Federal Magistrates Court (Mowbray FM) rejected their application for judicial review. The Federal Court of Australia (Stone J) dismissed an appeal. On 20 October 2005 McHugh and Heydon JJ dismissed an application for special leave to appeal to this Court.

The applicants then again applied for judicial review of the Tribunal’s decision to the Federal Magistrates Court. Scarlett FM dismissed it as an abuse of process. Black CJ dismissed an application for leave to appeal.

The application for special leave establishes no possibility of any error in the decisions below.

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 9.48 AM THE MATTER WAS CONCLUDED