MZWMF v MIMA

[2007] HCATrans 41

[2007] HCATrans 041

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M93 of 2006

B e t w e e n -

MZWMF

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India and a Muslim, who claims to fear persecution as a supporter of the Muslim League in Chennai in the state of Tamil Nadu from Hindu supporters of the BJP political party in that area.  The Refugee Review Tribunal affirmed the decision of a delegate of the respondent to refuse the applicant’s application for a protection visa.  The applicant requested that the Tribunal decide his case on the papers, in response to receiving a letter from the Tribunal advising him that it was unable to make a favourable decision on the material before it and inviting him to give oral evidence.  Following this course, the Tribunal found that there was insufficient information before it to conclude that there was a real chance that the applicant would face persecution of the kind claimed. 

An application for judicial review by the Federal Magistrates Court was dismissed.  O’Dwyer FM said of the grounds in the application that they were “general and standardised, and lack particulars”, and simply sought merits review.  O’Dwyer FM concluded that, on the material before it, it was open to the Tribunal to make the findings it did.  An appeal to the Federal Court was dismissed by Weinberg J. 

The applicant’s written case also seeks merits review, claiming as it does that the Tribunal did not consider all the facts.  No question of law is identified which is sufficient to warrant a grant of special leave.  Special leave is refused. 

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED