SZBGP v MIMIA

[2005] HCATrans 807

[2005] HCATrans 807

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S177 of 2005

B e t w e e n -

SZBGP

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.45 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He arrived in Australia in April 2001 and claims to be entitled to refugee status by reason of a well‑founded fear of persecution on the basis that he is a Muslim and a member of the Jihad Committee, an Islamic progressive front.  The applicant claims, in particular, to fear the activities of the Rashtriya Swayamsevak Sangh, a Hindu organisation.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal found aspects of the applicant’s evidence confused and inconsistent.  It found that he had ceased to play an active role in the Jihad Committee after the end of 1997 at the latest, and on that basis concluded that he was not now targeted by virtue of a high local profile in the Jihad Committee and that he was unlikely to be persecuted or killed upon returning to India.  The Tribunal also adverted to the possibility that the applicant may be able to escape his past difficulties by relocating elsewhere within India.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court (Barnes FM).  The Court dismissed his application on the basis that the applicant had not shown jurisdictional error in the Tribunal’s decision.  An application for an extension of time to appeal to the Federal Court was dismissed by Moore J.  His Honour held that there was nothing to suggest, even arguably, error by Federal Magistrate Barnes. 

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient prospects of success in any appeal to this Court from the decision of Moore J.  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.  I publish the disposition signed by Kirby J and myself.

AT 9.47 AM THE MATTER WAS CONCLUDED