SZAKF v MIMIA

[2005] HCATrans 216

[2005] HCATrans 216

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S22 of 2005

B e t w e e n -

SZAKF

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, 21 APRIL 2005, AT 9.33 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Sri Lankan, for a protection visa on the ground that the applicant fabricated his claims as to events that happened in Sri Lanka, that the applicant was perceived to be a supporter of the Liberation Tigers of Tamil Eelam (“LTTE”) by reason of his race, and so held that there was no real chance that the applicant would be persecuted by the Sri Lankan authorities or the LTTE if he returns to Sri Lanka.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal. The Federal Magistrates Court found no jurisdictional error or procedural unfairness and rejected claims that the Tribunal had acted in bad faith, or with actual bias.

The Federal Court dismissed an appeal on the ground that no error in the review of the evidence and reasoning of the decision of the Federal Magistrates Court had been demonstrated.

The applicant’s special leave application complained of errors of law, a failure to review the evidence and procedural unfairness or bias. 

An appeal has no prospects of success.

The application is dismissed.

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

AT 9.33 AM THE MATTER WAS CONCLUDED