SZBZE v MIMIA

[2005] HCATrans 688

[2005] HCATrans 688

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S526 of 2004

B e t w e e n -

SZBZE

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, 8 SEPTEMBER 2005, AT 9.28 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He arrived in Australia in March 2003 and claims to be entitled to refugee status by reason of his being a Muslim.  In support of this, the applicant claims to have suffered maltreatment at the hands of the authorities in his village in the state of Tamil Nadu.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.   Before the Tribunal, significant portions of the applicant’s oral evidence contradicted his written claims, particularly in relation to the length of time which he had spent in Madras (now Chennai) before obtaining a visa for Australia.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court. That proceeding was dismissed pursuant to r 13.10 of the Federal Magistrates Court Rules, on the grounds that no reasonable cause of action was disclosed in relation to the proceeding. The applicant then sought leave to appeal to the Federal Court. That application was filed out of time and dismissed by Conti J.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and Conti J in the Federal Court.  There are no prospects of success in any appeal to this Court from the decision of the Federal Court.  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 that disposition signed by Kirby J and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED