SBAJ v MIMIA

[2004] HCATrans 306

[2004] HCATrans 306

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A207 of 2003

B e t w e e n -

SBAJ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 12 AUGUST 2004, AT 11.22 AM

Copyright in the High Court of Australia

McHUGH J:   This application is to be dealt with on the papers.  Neither party sought to make oral submissions.  The Court has examined the written submissions of the parties and is in a position to give its reasons.

The applicant is a national of Iran who has sought a protection visa as a refugee under the Migration Act 1958 (Cth). There were two aspects of his claim. The applicant claimed a visa on the basis of the treatment he received from authorities in Iran and on the ground of his conversion to Christianity, in particular Roman Catholicism, whilst in immigration detention. The Refugee Review Tribunal disbelieved the applicant on both aspects of the claim. It specifically disbelieved the claimed conversion of religion. In these circumstances, having regard to the facts as found, no jurisdictional or other error has been shown. The judges of the Federal Court did not err in so concluding.

Insofar as the applicant relied on a complaint of irrational reasoning by the Refugee Review Tribunal, we are not convinced that there are reasonable prospects of success on that contention.  Special leave is therefore refused.  The Minister has asked for costs.  Accordingly, the applicant must pay the Minister’s costs.

The Court will now adjourn to reconstitute.

AT 11.24 AM THE MATTER WAS CONCLUDED