SZALG v MIMIA

[2005] HCATrans 360

[2005] HCATrans 360

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S288 of 2004

B e t w e e n -

SZALG

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.58 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant, who is a Nepalese citizen, was denied a visa by the respondent.  An application by him to the Refugee Review Tribunal for a review of that decision was unsuccessful.  The Tribunal was not satisfied that the applicant was a person to whom Australia owed protection obligations, principally because the applicant’s assertions were found to be unreliable and in conflict with independent evidence to the contrary of his claims, and with respect to which he was invited to respond.

Both a Federal Magistrate and a single judge of the Federal Court were unable to detect any error on the part of the Tribunal.

There is no reason to doubt the correctness of those conclusions.

The applicant’s application must therefore be 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.  I publish that disposition.

AT 1.59 PM THE MATTER WAS CONCLUDED