NBJS & Anor v MIMIA & Anor

[2005] HCATrans 1024

[2005] HCATrans 1024

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S401 of 2005

B e t w e e n -

NBJS

First Applicant

NBJT

Second 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 THURSDAY, 15 DECEMBER 2005, AT 9.40 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are married Indian citizens.  Her claim to refugee status is dependent on his.  He is a Muslim who alleges political persecution at the hands of the BJP and the RSS.  The Refugee Review Tribunal accepted that he had suffered harassment in Kerala, but said that he had relocated to, and lived in, Bangalore for three years without harm.  It held that any risk of persecution could be overcome by further relocation and by reliance on State protection. 

The Federal Magistrates Court dismissed an application for judicial review.  It found no jurisdictional error.  In dismissing an appeal to the Federal Court of Australia, Branson J found no error in the judgment of the Federal Magistrates Court.

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 9.41 AM THE MATTER WAS CONCLUDED