SZAJJ v MIMIA

[2005] HCATrans 644

[2005] HCATrans 644

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S520 of 2004

B e t w e e n -

SZAJJ

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 TUESDAY, 30 AUGUST 2005, AT 9.38 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa on the ground that any harm or threat of harm to which the applicant was likely to be exposed upon return to India was not attributable to a Convention reason, but was motivated by criminal motives.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal’s decision was not vitiated by any jurisdictional error.  The Court also found that there was no evidence to suggest that the applicant suffered from a disability that prevented him from participating in the review process.

The Federal Court dismissed an appeal on the grounds that no ground of appeal had been sufficiently particularised or made out.

The applicant’s special leave application complained of errors of law and procedural errors. The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.38 AM THE MATTER WAS CONCLUDED