SZABF v MIMIA

[2005] HCATrans 80

[2005] HCATrans 080

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S167 of 2004

B e t w e e n -

SZABF

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 CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.40 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is an Indian claiming to fear persecution on political grounds.  The Refugee Review Tribunal rejected that claim on factual grounds, some credit-based.

An application to the Federal Magistrates Court for judicial review was dismissed because no jurisdictional error was shown. 

An appeal was dismissed by Beaumont J, who agreed with the Federal Magistrate. 

The applicant applied for special leave to appeal to this Court.  That application was deemed abandoned on 13 April 2004.

The present application was then filed.  The pro forma Summary of Argument demonstrates no jurisdictional error.  It relies on Muin v Refugee Review Tribunal (2002) 190 ALR 601. There is no evidentiary basis on which to do so.

The application for special leave is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.40 AM THE MATTER WAS CONCLUDED