SXFB v MIMIA

[2006] HCATrans 179

[2006] HCATrans 179

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A47 of 2005

B e t w e e n -

SXFB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.22 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Sri Lanka who claims to fear political persecution.  The Refugee Review Tribunal rejected his claim for a protection visa.  Although the Tribunal had “serious concerns” about the veracity of the applicant’s claims, it accepted that he was a supporter of the Sri Lanka Freedom Party; however the Tribunal did not accept that the applicant’s profile was “such as to attract adverse attention from supporters of another party”.  The Tribunal also considered the applicant’s specific claims to have suffered persecution for reasons of his political activities to lack credibility.

The Federal Court (Selway J) dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Full Court of the Federal Court was dismissed by Finn, Emmett and Bennett JJ.

There would be insufficient prospects of success on any appeal to this Court from the Full Court of the Federal Court to warrant a grant of special leave.  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 9.23 AM THE MATTER WAS CONCLUDED