SZAVN v MIMIA

[2005] HCATrans 281

[2005] HCATrans 281

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S328 of 2004

B e t w e e n -

SZAVN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 4.37 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant in this case seeks special leave to appeal from a judgment of a single judge of the Federal Court exercising the appellate jurisdiction of that Court.

The matter came before the Federal Court as an appeal from a Federal Magistrate who had affirmed the decision of the Refugee Review Tribunal to refuse to grant the applicant, who is an Indian national, a protection visa.

The applicant’s application to the Refugee Review Tribunal was resolved against him on the facts.  The Tribunal was not satisfied that the applicant feared persecution in India for any convention reason.  No jurisdictional or other errors on the part of the Tribunal, the Federal Magistrate or the Federal Court have been demonstrated, and accordingly the applicant’s application must be dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 4.38 PM THE MATTER WAS CONCLUDED