SLGB v MIMIA

[2005] HCATrans 509

[2005] HCATrans 509

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A54 of 2004

B e t w e e n -

SLGB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.49 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a South African national, for a protection visa because the Tribunal was not satisfied that the applicant cannot access state protection for acts of violence that were not sanctioned by the IFP political party.

The Federal Court held that the Tribunal had understood the case that the applicant had put to it, that the Tribunal did not fall into jurisdictional error in its consideration of the claim, that the Tribunal’s conclusions were not based on errors of law, that the Tribunal did not take irrelevant considerations, and did not fail to take relevant considerations, into account and that the Tribunal did not rely on adverse information that it had not disclosed to the applicant.

The Full Federal Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal did not err in concluding that the conduct to which the applicant was exposed in South Africa did not amount to persecution.

The applicant’s special leave application complained that the Tribunal took irrelevant considerations into account, that the Tribunal had failed to invite the applicant to respond to adverse information and that, on appeal, the Full Court had fallen into jurisdictional error and errors of law.

The applicant raises no ground on which to disturb the decision of the Full Federal Court.  An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 8.49 AM THE MATTER WAS CONCLUDED