SBLD v MIMA & Anor

[2007] HCATrans 518

[2007] HCATrans 518

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A3 of 2007

B e t w e e n -

SBLD

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, 6 SEPTEMBER 2007, AT 9.05 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Albania.  A delegate of the first respondent refused his application for a protection visa, which was based on a claim to fear persecution as a Catholic because of his relationship with a Muslim woman.  The Refugee Review Tribunal upheld that decision on credibility grounds; it also relied on independent country information suggesting amicable relations between religions in Albania.  Lindsay FM refused an application for judicial review on the grounds that there was no jurisdictional error and no denial of procedural fairness.  Finn J dismissed an appeal to the Federal Court on the ground that, while Lindsay FM had made an inconsequential mistake about the source of his jurisdiction, his substantive reasoning was correct. 

The application for special leave must be dismissed because there is no reason to doubt the correctness of Finn J's conclusions. 

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 Justice Heydon and myself.

AT 9.06 AM THE MATTER WAS CONCLUDED