SZBPD v MIMIA

[2006] HCATrans 91

[2006] HCATrans 091

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S471 of 2005

B e t w e e n -

SZBPD

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 9.46 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear persecution on the basis of religion and imputed political opinion.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal described the applicant’s claims as “vague and generalised” and described his evidence as “inconsistent and contradictory”.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Hely J.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for 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 9.47 AM THE MATTER WAS CONCLUDED