NBGO v MIMA & Anor

[2007] HCATrans 376

[2007] HCATrans 376

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S446 of 2006

B e t w e e n -

NBGO

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 9.31 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who sought a protection visa.  She claimed that she and her husband had been extensively involved in the Sikh Student Federation of India.  The applicant claimed to have been assaulted by police in 1994 and persecuted because of her association with the Sikh Student Federation.  The Refugee Review Tribunal ("the Tribunal") ruled that the Sikh Student Federation was a well-established and lawful organisation in India, and there was no real chance that she would be persecuted on the basis of her involvement with this group. 

In the Federal Magistrates Court, Barnes FM found that there was no jurisdictional error in the Tribunal's decision, and that a generalised ground of procedural unfairness was not made out.  In the Federal Court Rares J held that the applicant had disclosed no intelligible grounds for review of the decision of Barnes FM, and dismissed the appeal.

The applicant's case before this Court discloses no question of law that would justify a grant of special leave.  There is no prospect of success, and special leave should be 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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.32 AM THE MATTER WAS CONCLUDED