MZWDB v MIMIA

[2005] HCATrans 519

[2005] HCATrans 519

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M24 of 2005

B e t w e e n -

MZWDB

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 FRIDAY, 5 AUGUST 2005, AT 8.53 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa on the grounds that the Tribunal was not satisfied that police officers in India or members of the Mumbai Mafia had attempted to mistreat the applicant because the applicant is Muslim, or that the police officers acted in concert with members of the Mumbai Mafia.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal did not fall into jurisdictional error.

The Federal Court dismissed an appeal on the ground that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal did not fall into jurisdictional error.

The applicant’s special leave application complained of errors of law.  There is no ground for doubting the correctness of the decision of the Federal Court.

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

Under the power conferred by 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 8.53 AM THE MATTER WAS CONCLUDED