SZAZV v MIMIA

[2005] HCATrans 834

[2005] HCATrans 834

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S302 of 2005

B e t w e e n -

SZAZV

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 SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.05 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Ukrainian national, for a protection visa because the Tribunal found that the applicant fabricated his claims, and was not at risk of persecution upon return to the Ukraine by reason of the applicant’s homosexuality, Greco-Catholic religion or ethnicity as a Western Ukrainian.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal and that the Tribunal’s decision was not vitiated by any jurisdictional error.  The Court also found that there was no evidence to suggest that the applicant suffered from a disability that prevented him from participating in the review process.

The Federal Court dismissed an appeal on the grounds that no ground of appeal had been sufficiently particularised or made out.

The applicant’s special leave application complained of errors of law and procedural errors.  The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.06 AM THE MATTER WAS CONCLUDED