NAMO v MIMIA

Case

[2005] HCATrans 220

No judgment structure available for this case.

[2005] HCATrans 220

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S461 of 2004

B e t w e e n -

NAMO

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, 21 APRIL 2005, AT 9.34 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is Muslim, and a national of India.  He claims fear of persecution for reasons of his religion.  He submits that the Federal Court erred in not finding that the Refugee Review Tribunal fell into jurisdictional error by unreasonably rejecting material evidence of his claim, that the Tribunal was biased, and that he was denied procedural fairness.

Nothing in the applicant’s submissions supports these claims, nor are they supported by the written judgments of the courts below.  The Tribunal’s findings were upheld by the Federal Court, and the reasons of that Court disclose no error of law.

The application raises no question of law.

The application for special leave is dismissed.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.34 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

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