Mzpab v MIMIA ( M167-05)

[2007] HCATrans 46

[2007] HCATrans 046

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M167 of 2005

B e t w e e n -

MZPAB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J:   A delegate of the respondent rejected the application of the applicant, a Nigerian citizen, for a protection visa.  The Refugee Review Tribunal upheld that decision.  The Federal Magistrates Court (Raphael FM) denied judicial review, and the Federal Court of Australia (Finkelstein J) dismissed an appeal.

The applicant wishes to raise five questions of law.  The reasoning underlying the first (erroneous analysis of country information) was correctly rejected by the courts below as not revealing jurisdictional error.  The reasoning underlying the second (failure to consider a claim by the applicant to be a refugee sur place) was also correctly rejected by the courts below:  the claim was considered.  The third, fourth and fifth were not put to the courts below, but in any event do not reveal jurisdictional error.  There are insufficient prospects of success to justify a grant of special leave.  The application must be dismissed.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish the disposition signed by Heydon J and myself.

AT 9.42 AM THE MATTER WAS CONCLUDED