SZBYM v MIMIA

[2006] HCATrans 85

[2006] HCATrans 085

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S426 of 2005

B e t w e e n -

SZBYM

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 9.40 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of China who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal concluded that the applicant had “made claims regarding his political opinion and family background but he did not provide meaningful details” and so the Tribunal was unable to conclude on the material before it that the applicant had a well-founded fear of persecution should he return to China.

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 Edmonds 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 9.41 AM THE MATTER WAS CONCLUDED