NAZK v MIMIA

[2005] HCATrans 396

[2005] HCATrans 396

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S333 of 2004

B e t w e e n -

NAZK

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 9.23 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of India who arrived in Australia in 2002 on a visa issued in Mumbai. He claims to be entitled to refugee status by reason of a well-founded fear of persecution for reasons of his political opinion as a member of the Communist Party of India (Marxist‑Leninist).

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 considered the applicant’s evidence to be scant, vague and entirely implausible.  The Tribunal’s rejection of the applicant’s claims was based on these findings as to the applicant’s credibility.

The applicant sought review of the Tribunal’s decision in the Federal Court under s 39B of the Judiciary Act 1903 (Cth). The application was dismissed by Lindgren J as it disclosed no jurisdictional error in the Tribunal’s decision and amounted to an unmeritorious challenge to the Tribunal’s findings on credibility. The Full Court of the Federal Court (Wilcox, Madgwick and Downes JJ) dismissed an appeal.

Having regard to the reasons of the Tribunal and the grounds pursued in the proceedings in the Federal Court, there are no prospects of success in any appeal to this Court from the Full Court of the Federal 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 9.24 AM THE MATTER WAS CONCLUDED