SZARD v MIMIA

[2005] HCATrans 489

[2005] HCATrans 489

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S396 of 2004

B e t w e e n -

SZARD

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 THURSDAY, 4 AUGUST 2005, AT 9.36 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of India.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution on the ground that he is a Muslim.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal wrote to the applicant advising him that it had considered all the papers relating to his application but was unable to make a favourable decision on that information alone.  The applicant was invited to give oral evidence before the Tribunal.  Subsequently, the applicant advised the Tribunal that he did not wish to attend such a hearing.  He thus failed to substantiate his claims that he was prevented from performing his religious rites, that his father had died during a Hindu-Muslim riot in Hyderabad and that he was involved in a Muslim student welfare organisation.

By an application brought well out of time, the applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  The Court dismissed the application as incompetent.  A purported appeal to the Federal Court (Whitlam J) was dismissed as incompetent.  His Honour added that even if leave to appeal were granted, the appeal was bound to fail.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are no prospects of success in any appeal to this Court from the decision of the Federal Court.  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 this application for special leave.

AT 9.38 AM THE MATTER WAS CONCLUDED