Applicant M130 of 2002 v MIMIA

[2005] HCATrans 257

[2005] HCATrans 257

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M139 of 2004

B e t w e e n -

APPLICANT M130/2002

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 CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 1.48 PM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Sri Lankan, for a protection visa on the ground that Sri Lankan authorities provide, and will continue to provide, the applicant with adequate or effective state protection from inter-party political violence, so that the applicant’s support of the UNP party is not a ground for a well‑founded fear of persecution.

Justice Hayne of this Court ordered that the further proceedings in the application for writs of prohibition and certiorari be remitted to the Federal Court of Australia.

The Federal Magistrates Court found no jurisdictional error, failure to take account of relevant considerations, unreasonableness or breaches of the rules of natural justice, particularly as the applicant provided no particulars of those grounds of review.  The Magistrates Court also held that the applicant was not entitled to a merits review of the Tribunal’s decision, particularly as the applicant failed to attend the hearing before the Tribunal.

The Federal Court dismissed an appeal on the ground that the applicant had made no real attempt to demonstrate any arguable error in the reasons of the Federal Magistrates Court.

The applicant’s special leave application complained of the Tribunal’s failure to take into account claims that the applicant made as to alleged harassment in Sri Lanka and jurisdictional and procedural error.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 1.48 PM THE MATTER WAS CONCLUDED