SZBAB v MIMIA

[2006] HCATrans 86

[2006] HCATrans 086

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S445 of 2005

B e t w e e n -

SZBAB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant claims to be an Islamic citizen of India who fears persecution from Hindus.  The Refugee Review Tribunal was not satisfied of the truth of his account, and noted that the applicant had resided in Australia for nearly six years before seeking a protection visa.

An application for judicial review to the Federal Magistrates Court was dismissed, since the applicant had not alleged any jurisdictional error on the part of the Tribunal.  The Federal Court of Australia dismissed an appeal. 

The documents filed in support of the applicant’s application for special leave are not specifically related to the proceedings below.  There are no prospects of success in an appeal.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.42 AM THE MATTER WAS CONCLUDED