MLGWRN v MIMIA

[2005] HCATrans 636

[2005] HCATrans 636

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M57 of 2005

B e t w e e n -

MLGWRN

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 9.36 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a national of Sri Lanka.  She claims to fear persecution on the basis of her political involvement with the Sri Lanka Freedom Party (‘SLFP’).  She claims that she and her family were subjected to harassment and beatings by political opponents from the United National Party (‘UNP’) in late December 2001.  She claims that she was raped by UNP members, and was hospitalised as a result. 

In a decision given on 23 August 2004, the Refugee Review Tribunal rejected these claims on the basis that the applicant had failed to provide sufficient evidence, and that the evidence which she had provided was unconvincing.  The applicant failed to attend the hearing of her appeal against that decision in the Federal Magistrates Court.  That Court dismissed her application but granted leave to apply to have the matter reinstated.  Without seeking such leave, the applicant commenced proceedings in the Federal Court, and again failed to attend the hearing.  On 12 May 2005, Crennan J dismissed the application.  Her Honour did not find the appeal to be incompetent, but rather treated the notice of appeal as incorporating an application for leave to appeal.  The applicant seeks leave to appeal from that decision.

Having carefully read the applicant’s materials, it is apparent that she would have no prospect of succeeding on any appeal because the Tribunal’s reasons disclose no error of law or jurisdictional error.  Accordingly, the application must be dismissed.

The application for special leave is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 9.36 AM THE MATTER WAS CONCLUDED