SZCII v MIMIA

[2005] HCATrans 648

[2005] HCATrans 648

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S256 of 2005

B e t w e e n -

SZCII

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.39 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa on the basis of findings that the applicant’s “charitable and altruistic” involvement with the Indian Union Muslim League (“IUML”) was not sufficiently significant so as to cause the BJP, RSS and the Shiv Sena parties to target the applicant.  The Tribunal also found that the Indian authorities provided the applicant with adequate protection from criminal attacks.

The Federal Magistrates Court held that the Tribunal did not fail to take into account a relevant consideration or fail to accord the applicant procedural fairness.

The Federal Court held that there were no grounds on which the Tribunal’s decision could be reviewed and that the applicant was unable to identify any jurisdictional error on the part of the Tribunal.

The applicant’s special leave application complained of errors of law and procedural errors. The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.39 AM THE MATTER WAS CONCLUDED