SZBVE v MIMIA

[2006] HCATrans 392

[2006] HCATrans 392

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S496 of 2005

B e t w e e n -

SZBVE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 AUGUST 2006, AT 1.10 PM

Copyright in the High Court of Australia

KIRBY J:   This applicant is a Muslim citizen of India.  In that country he conducted a small shop and a farm.  Some of his workers, and some other workers in the district, converted to Islam with his assistance.  He claims that he and his family were then threatened by Hindu activists.  He says that he was assaulted by a mob on one occasion and that the authorities were unresponsive to his complaints.  He claims that he was arrested, detained, assaulted and humiliated. 

The respondent declined to grant the applicant a protection visa.  The Refugee Review Tribunal (“the Tribunal”), which reviewed that decision, accepted that the applicant had been threatened but that his account contained a number of inconsistencies.  The Tribunal did not accept that the applicant had been arrested for reasons associated with any religious conversions.  In all of the circumstances the Tribunal was of the view that the applicant was not at risk of any serious harm. 

Neither the Federal Magistrates Court nor the Federal Court (Madgwick J sitting as the Full Court) was able to discern any jurisdictional or like error.  There is no reason to doubt the correctness of the decision of those two courts and accordingly special leave must be refused.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish that disposition signed by Callinan J and myself.

AT 1.11 PM THE MATTER WAS CONCLUDED