SZAZW v MIMIA

[2005] HCATrans 409

[2005] HCATrans 409

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S62 of 2005

B e t w e e n -

SZAZW

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, 16 JUNE 2005, AT 9.42 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of India and a Moslem Tamil.  He claims to be entitled to refugee status by having a well-founded fear of persecution on account of his political opinion.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal disbelieved the applicant’s claims that he had been involved in a Moslem activist party in Tamil Nadu, and found that he did not have a well-founded fear of persecution for a Convention reason should he return to India. 

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as revealing no jurisdictional error in the decision of the Tribunal.  An appeal to the Federal Court (Allsop J) was dismissed.

The applicant’s written case raises no arguable grounds for the grant of special leave.  There are no prospects of success in any appeal to this Court from 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 9.43 AM THE MATTER WAS CONCLUDED