Applicant S1834-2003 v MIMIA

[2005] HCATrans 643

[2005] HCATrans 643

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S228 of 2005

B e t w e e n -

APPLICANT S1834/2003

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 TUESDAY, 30 AUGUST 2005, AT 9.38 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Pakistani national, for a protection visa on the ground that the Tribunal found that the applicant was not a member of the Tehrik-i-Jaffaria Pakistan (“TJP”) Party, was not facing a murder charge, was not liable to be punished more harshly or treated by police unfairly for a Convention reason, was not at risk of being killed by the Sipah-i-Sahaba Pakistan (“SSP”) Party for a Convention reason, but for retaliation for killing an SSP leader, and was not protected from the SSP by Pakistani authorities any less than other nationals.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal’s decision was not vitiated by any reviewable error.

The Federal Court dismissed an appeal on the grounds that the factual findings that the Tribunal reached concerning the current situation of sectarian violence in Pakistan were open to the Tribunal and that there was no evidence to show that the Tribunal failed to provide the applicant procedural fairness or that the Tribunal was biased.

The applicant’s special leave application complained that the Tribunal’s decision involved errors of law and was reached after a failure to accord the applicant procedural fairness. The appeal has no prospects of success.

The application is dismissed.

Pursuant to 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 9.38 AM THE MATTER WAS CONCLUDED