SZCDK v MIMIA

[2006] HCATrans 90

[2006] HCATrans 090

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S470 of 2005

B e t w e e n -

SZCDK

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 9.45 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is an Indian citizen.  She claimed to be a Sikh who had suffered persecution from Hindus and Muslims.  The Refugee Review Tribunal disbelieved parts of her account, noted that she had resided in Australia for 10 years before seeking a protection visa, and referred to country information to the effect that there are many Sikhs residing throughout India who suffer no persecution.

The applicant’s application for judicial review to the Federal Magistrates Court failed as disclosing no jurisdictional error. 

The Federal Court of Australia dismissed an appeal. 

As in the courts below, the applicant relies in this Court on formulaic complaints bearing little relationship to the proceedings. 

An appeal would have no prospects of success.  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 9.46 AM THE MATTER WAS CONCLUDED