MZQAV v MIMIA

[2005] HCATrans 860

[2005] HCATrans 860

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M71 of 2005

B e t w e e n -

MZQAV

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 SYDNEY ON THURSDAY, 20 OCTOBER 2005, AT 11.00 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Sri Lankan national, for a protection visa because the Tribunal found that the applicant fabricated his claims and that he was not at risk of persecution for a Convention reason upon return to Sri Lanka.

The Federal Magistrates Court held that the Tribunal had not failed to properly “review the decision” of the delegate, that the Tribunal did not breach the rules of procedural fairness in considering country information and that the Tribunal committed no jurisdictional error.

The Federal Court dismissed an appeal on the grounds that the applicant’s notice of appeal, affidavit and oral submissions did not identify a coherent ground of appeal and that there was no basis for any claim that the Tribunal fell into jurisdictional error.

The applicant’s special leave application complained of procedural unfairness, breaches of the rules of natural justice and jurisdictional error.  The application does not identify a ground of appeal and the application reveals no error of law or jurisdiction.  An appeal would have 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 11.00 AM THE MATTER WAS CONCLUDED