NBHH v MIMIA & Anor

[2006] HCATrans 84

[2006] HCATrans 084

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S425 of 2005

B e t w e e n -

NBHH

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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 TUESDAY, 7 MARCH 2006, AT 9.39 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China who claims to fear persecution as a practitioner of Falun Gong.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal disbelieved the applicant’s claims in their entirety.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court was dismissed by Lindgren J. In particular the Federal Magistrate found, and Lindgren J agreed, that there had been no breach of s 424A of the Migration Act 1958 (Cth) in the Tribunal’s use of the applicant’s visa application and supporting statements.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for special leave is 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.  I publish the disposition signed by Heydon J and myself.

AT 9.40 AM THE MATTER WAS CONCLUDED