NAWO v MIMIA

[2005] HCATrans 397

[2005] HCATrans 397

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S325 of 2004

B e t w e e n -

NAWO

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.24 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of India who claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal member noted numerous inconsistencies in the applicant’s evidence and other considerations which led the member to consider the applicant’s claims implausible.  The Tribunal therefore rejected each aspect of the applicant’s claim to be entitled to refugee status.

The applicant sought review of the Tribunal’s decision in the Federal Court.  The application was dismissed by Hill J on the basis that no jurisdictional error in the Tribunal’s decision had been demonstrated.  The Full Court of the Federal Court (Kiefel, Allsop and Crennan JJ) dismissed an appeal.

We have examined the parties’ summaries of argument and the decisions of the Tribunal, Hill J and the Full Court of the Federal Court.  There are no prospects of success in any appeal to this Court.  Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.26 AM THE MATTER WAS CONCLUDED