SZBZS v MIMIA

[2005] HCATrans 491

[2005] HCATrans 491

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S138 of 2005

B e t w e e n -

SZBZS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 AUGUST 2005, AT 9.40 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Nepal who entered Australia in 2002 on a business visa.  She claims to be entitled to refugee status by reason of a well-founded fear of persecution on grounds of her involvement in the Nepal Communist Party and the circumstance that she is a woman.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal found the applicant not to be credible.  It rejected her claims that she was arrested by the police in Nepal in April 2002 because of her political opinions, that she paid a bribe for her release and that an arrest warrant was subsequently issued for her.  Moreover, the Tribunal was not satisfied of the applicant’s claims that she was a victim of domestic violence and that she faced persecution by reason of her gender.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court, alleging, among other things, a failure to consider a relevant factor, this being the abuse that she had allegedly suffered at the hands of her husband and her in-laws.  The Court dismissed her application, holding that, given the adverse finding as to her credibility, the applicant had not shown jurisdictional error by the Tribunal.  An appeal to the Federal Court (Stone J) was dismissed.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient 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.

AT 9.41 AM THE MATTER WAS CONCLUDED