SZANK v MIMIA

[2005] HCATrans 247

[2005] HCATrans 247

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S490 of 2004

B e t w e e n -

SZANK

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 9.16 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Nepal who claims to be entitled to refugee status.  He claims that he faces persecution by the authorities in Nepal by reason of his past involvement with the Communist Party of Nepal (Unified Marxist Leninist) and their suspicion of his support for Maoist rebels.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal did not believe all of the claims put by the applicant and concluded that the applicant did not have a well-founded fear of persecution because of political activity.

Pursuant to section 39B of the Judiciary Act 1903 (Cth) the applicant sought review of the Tribunal’s decision by the Federal Magistrates Court. That court dismissed the review application, holding that no jurisdictional error in the decision of the Tribunal had been shown. An appeal to the Federal Court (Hely J) was dismissed for the same reasons.

We have considered the applicant’s written submissions and the decisions of the Tribunal and the courts below and we are of the view that there are insufficient prospects of success to warrant a grant of special leave.  Accordingly special leave to appeal is refused.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.18 AM THE MATTER WAS CONCLUDED