SZCLO v MIMIA & Anor

[2006] HCATrans 293

[2006] HCATrans 293

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S600 of 2005

B e t w e e n -

SZCLO

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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 9.34 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   The applicant, an Indian citizen, claims to fear persecution on the ground of having been a member of and worker for the Congress Party.  The Refugee Review Tribunal affirmed the decision by a delegate of the first respondent to refuse a protection visa.  It found that the applicant’s claims were not credible, that members of the Congress Party were not targeted for persecution, and that even if the applicant feared persecution he could move to another part of India. 

The Federal Magistrates Court (Scarlett FM) dismissed an application for judicial review on the ground that the Tribunal’s decision was free of jurisdictional error.

The Federal Court of Australia (Sackville J) agreed and dismissed an appeal. 

The applicant’s application for special leave to appeal to this Court raises only factual issues.  An appeal would have 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 the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.35 AM THE MATTER WAS CONCLUDED