MZWGO v MIMIA

[2005] HCATrans 862

[2005] HCATrans 862

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M104 of 2005

B e t w e e n -

MZWGO

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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 11.01 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 was not at risk of persecution upon return to Sri Lanka by reason of his membership of, and involvement in, the United National Party (“UNP”).

The Federal Magistrates Court held that the decision that the Tribunal reached was open to it and that the Tribunal did not fall into jurisdictional error.

The Federal Court dismissed an appeal on the grounds that the Tribunal’s findings as to the applicant’s credibility were open to it, and that Tribunal’s decision was free of jurisdictional error.

The applicant’s special leave application complained of errors of law and jurisdictional errors.  The application does not reveal any error of law or jurisdiction, and 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 11.01 AM THE MATTER WAS CONCLUDED