MZWND v MIMIA

[2005] HCATrans 798

[2005] HCATrans 798

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M39 of 2005

B e t w e e n -

MZWND

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India and a high caste Hindu Brahmin.  He claims to be entitled to refugee status by reason of a well‑founded fear of persecution in his home city of Bangalore on the grounds that he was a target for Muslims who interpreted his religious activities as an endorsement of violence against Muslims and that he was a member of the Congress Party.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal accepted that the applicant and his friends had been involved in scuffles with Muslims in the course of their participation in religious festivals, but found that the incidents cited by the applicant in support of his application did not result in serious harm to him.  The Tribunal also rejected the applicant’s claim that, as a member of the Congress Party, he faced serious harm at the hands of the members of the opposition BJP.  This was because, at the relevant time, the Congress Party was in power in Karnataka State, in which Bangalore is situated.

The applicant sought review of the Tribunal’s decision in the Federal Court (Kenny J).  That application for review was dismissed.  The applicant then sought further review in the Federal Magistrates Court, arguing, among other things, that the Tribunal’s decision had been made in bad faith and that there had been a denial of natural justice.  This application was dismissed on the basis that it involved a question of res judicata.  An appeal from this decision to the Federal Court (Ryan J) was subsequently dismissed.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are no prospects of success in any appeal to this Court from the decision of the Federal Court.  Accordingly, special leave to appeal is refused. 

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

AT 9.28 AM THE MATTER WAS CONCLUDED