SZAMU v MIMIA

[2005] HCATrans 502

[2005] HCATrans 502

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S351 of 2004

B e t w e e n -

SZAMU

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.47 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Nepalese national, for a protection visa on the grounds that the Tribunal was not satisfied that the applicant was a member of a political movement termed “the Maoists” or the CPN-Maoists before he left Nepal, or that the applicant’s political opinion gave rise to a well-founded fear of persecution by police.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the applicant was provided with every opportunity to comment on the information that was material to the Tribunal’s decision.

The Federal Court dismissed an appeal on the ground that the applicant had not identified any error in the decision of the Federal Magistrate.

The applicant’s special leave application complained of the Tribunal’s failure to take into account relevant considerations and errors of law.  There is no ground for doubting the correctness of the decision of the Federal Court.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 8.48 AM THE MATTER WAS CONCLUDED