NBIY v MIMIA

[2006] HCATrans 83

[2006] HCATrans 083

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S424 of 2005

B e t w e e n -

NBIY

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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 9.37 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Pakistan who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal did not consider the applicant’s claims or his evidence to be credible.  The applicant was a seaman in the merchant navy, but his claim of being persecuted turned upon the claim that he had on occasion acted as a personal bodyguard for the now-deposed Prime Minister of Pakistan, and the Tribunal noted that the Prime Minister “would have had the protection of the army and the police”.  The Tribunal doubted the authenticity of documents the applicant produced in support of his claims.

The applicant’s application for judicial review was dismissed by the Federal Court (Madgwick J) as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Full Court of the Federal Court was dismissed by Wilcox, Branson and Merkel JJ.

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 9.39 AM THE MATTER WAS CONCLUDED