SZBWH v MIMIA & Anor

[2006] HCATrans 88

[2006] HCATrans 088

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S448 of 2005

B e t w e e n -

SZBWH

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.43 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear religious persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal found that the applicant’s claims were inconsistent and contradictory and so was unable to be satisfied that the applicant or his family had suffered persecution or that there was a real chance that he would suffer persecution for a Convention reason should he return to India.

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 Stone 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 9.44 AM THE MATTER WAS CONCLUDED