SZAYG v MIMIA

[2005] HCATrans 265

[2005] HCATrans 265

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S72 of 2005

B e t w e e n -

SZAYG

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 WEDNESDAY, 27 APRIL 2005, AT 1.50 PM

Copyright in the High Court of Australia

McHUGH J:   The applicant is an Indian citizen of Muslim faith.  He arrived in Australia on 21 March 2002 and lodged an application for a protection visa on 5 April 2002.  On 28 May 2002 a delegate for the Minister for Immigration and Multicultural and Indigenous Affairs refused to grant the visa.  The Refugee Review Tribunal affirmed that decision on 28 May 2003.  On 10 February 2005, the Federal Court dismissed an appeal against the Tribunal’s decision.

The Tribunal accepted that the applicant had a genuine subjective fear that Muslims in general face persecution in India, but rejected the claims relating to persecution of the applicant as a particular individual.  The Federal Court considered each of the applicant’s claims, and concluded that the Tribunal’s decisions were rational and open to it on the facts.  Accordingly, the Federal Court found no jurisdictional error upon which the appeal could succeed.

The applicant submits that the Tribunal’s decision was attended by jurisdictional error, that the Tribunal did not take all relevant information into account and that the decision was affected by actual bias.  There is nothing in the Tribunal’s reasons to support these claims.  An appeal would have no prospect of success.  Accordingly, the application must be dismissed.

Under the power conferred by rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 1.50 PM THE MATTER WAS CONCLUDED