NAIY v MIMIA

[2005] HCATrans 91

[2005] HCATrans 091

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S215 of 2004

B e t w e e n -

NAIY

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 CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.43 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant came to Australia from Nepal with a wife and two children.  He claimed to have a well-founded fear of persecution by reason of entering a mixed caste marriage, and on religious and political grounds.

The Refugee Review Tribunal found that there had been some discrimination but it had not been grave enough to amount to persecution; and that there was no real chance of harm amounting to persecution on political grounds. 

The Federal Magistrates Court dismissed an application for judicial review because no arguable jurisdictional error could be found.

The Federal Court (Jacobson J) dismissed an appeal because no error in the Magistrate's reasoning was demonstrated, nor were additional challenges to the Tribunal's reasoning made good.

The special leave application makes many purely factual complaints, which are not legitimate grounds for attack on the proceedings below.  It makes complaints of procedural error, bias and related misconduct without factual support.  It is regrettable that the Tribunal lost certain of the materials supplied, but no error has been demonstrated in the handling of this issue by the Magistrate and Jacobson J.

An appeal would have no prospects of success. 

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.43 AM THE MATTER WAS CONCLUDED