NAMG v MIMIA

[2006] HCATrans 89

[2006] HCATrans 089

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S463 of 2005

B e t w e e n -

NAMG

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.44 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a Peruvian claiming to fear harm from a corrupt General.  The Refugee Review Tribunal accepted that while she was in Peru she feared harm.  However, it held that her fear of persecution if she had to return to Peru was not well-founded.  The General had failed to harm her before she left, while he was powerful.  The government had changed, and the authorities had the will and the means to provide adequate measures of State protection. 

An application to the Federal Magistrates Court for judicial review was rejected:  there was no jurisdictional error.  The Federal Court of Australia, on appeal, agreed.

There are insufficient prospects of success in an appeal to justify 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 9.45 AM THE MATTER WAS CONCLUDED