SZALV v MIMIA

[2005] HCATrans 468

[2005] HCATrans 468

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S443 of 2004

B e t w e e n -

SZALV

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 1 AUGUST 2005, AT 3.04 PM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who arrived in Australia on 13 October 2001.  He claims to be entitled to refugee status by reason of a well-founded fear of religious persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal considered that the applicant’s evidence lacked credibility, chiefly because “at his hearing he contradicted his earlier claims on every point put to him”, and consequently rejected the applicant’s factual claims representing the harm he had suffered in India.  Accordingly the Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to India.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as disclosing no jurisdictional error in the decision of the Tribunal.  An appeal to the Federal Court was dismissed by Bennett J who emphasised the significance of the adverse findings on credibility.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient prospects of success in any appeal to this Court to warrant a grant of special leave.  Accordingly, special leave to appeal 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 Kirby J and myself.

AT 3.05 PM THE MATTER WAS CONCLUDED