SPLB v MIMIA

[2005] HCATrans 498

[2005] HCATrans 498

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A45 of 2004

B e t w e e n -

SPLB

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 8.46 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of India.  He claims to fear persecution on the basis of his political beliefs, specifically his involvement in anti-nuclear protests in the early 1990s.  He seeks special leave to appeal from the decision of the Full Federal Court, given on 3 August 2004.  The applicant’s application for a protection visa was rejected by the Minister’s delegate on 17 January 2001.  The Refugee Review Tribunal affirmed that decision.  The subsequent procedural history of the case is complicated and involved applications for constitutional writs which were dismissed.

The applicant has breached procedural rules of each court or Tribunal in which his case has been heard.  He has not provided sufficient evidence to support his claims.  Nor has he demonstrated any arguable legal error in the reasons of the Tribunal.  Accordingly, this application must be dismissed with costs. 

The application for special leave is dismissed with costs.

Pursuant to 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 8.46 AM THE MATTER WAS CONCLUDED