SZCHP v MIMIA

[2006] HCATrans 286

[2006] HCATrans 286

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S578 of 2005

B e t w e e n -

SZCHP

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 ACJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 JUNE 2006, AT 9.22 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   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 generally lacked credibility and that some claims were inconsistent with independent country information.  The Tribunal also found that such of the applicant’s evidence as the Tribunal accepted provided no objective basis for a finding that the applicant had previously suffered any serious harm in India, nor that he had a well-founded fear of persecution should he return to India.

The Federal Magistrates Court dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Wilcox J.

The applicant’s written case is largely formulaic and nonsensical. To the extent that the applicant claims that the Tribunal breached s 424A of the Migration Act 1958 (Cth), that contention is answered convincingly by the Federal Magistrate’s finding that the independent country information upon which the Tribunal relied fell within the exception in s 424A(3)(a).

There would be no prospects of success on any appeal to this Court from the Federal Court.  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 9.24 AM THE MATTER WAS CONCLUDED