SZATT v MIMIA

[2005] HCATrans 638

[2005] HCATrans 638

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S521 of 2004

B e t w e e n -

SZATT

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 CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.36 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of India.  He claims to fear persecution by reason of his Muslim religion.  On 29 April 2003, the Refugee Review Tribunal rejected his application for a protection visa.  On 2 September 2004, the Federal Magistrates dismissed an application to appeal against that decision, and on 3 December 2004, the Federal Court dismissed an appeal against the decision of the Federal Magistrates Court.  The applicant seeks special leave to appeal against the decision of the Federal Court.

The applicant’s submissions are pro forma and do not provide any assistance in assessing the merits of his claim.  There is nothing to support his allegations of actual bias and jurisdictional error on the part of the Tribunal.  The applicant did not submit any documents in support of his initial application for a protection visa.  From the evidence given by the applicant at the hearing, the Tribunal concluded that he had failed to make out a claim for protection under the Convention Relating to the Status of Refugees 1951.  There is nothing to suggest any error in the reasons of the Tribunal or the Courts below.  This application raises no arguable question of law.   Accordingly, the application must be dismissed.

The application for special leave is dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 9.37 AM THE MATTER WAS CONCLUDED