NAOO v MIMIA

[2005] HCATrans 78

[2005] HCATrans 078

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S72 of 2004

B e t w e e n -

NAOO

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 9.40 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a Fijian of Indian background.  His claim to fear persecution on racial grounds was rejected by the Refugee Review Tribunal for the reasons that while he had suffered minor racial harassment, it was not persecution, and that if he returned to Fiji it is unlikely that he would be persecuted.  Allsop J, in the Federal Court, refused to grant judicial review because the applicant did not particularise any jurisdictional error and he himself could find none.

The Full Federal Court agreed.  It rejected a complaint based on Muin v Refugee Review Tribunal (2002) 76 ALJR 966 for want of evidentiary support.

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 9.40 AM THE MATTER WAS CONCLUDED