SZCMD v MIMA & Anor

[2007] HCATrans 170

[2007] HCATrans 170

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S292 of 2006

B e t w e e n -

SZCMD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.24 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of South Africa.  He claims to have experienced numerous instances of racism in his employment and that, as a "coloured individual", he was subject to attacks from gangs of black Africans because of his views about the ruling ANC party and the colour of his skin.

The Refugee Review Tribunal ("the Tribunal") did not accept that attacks on the appellant were racially-motivated.  It found that affirmative action policies which may have led to the applicant being overlooked for promotion did not amount to persecution for a Convention reason.  It was not satisfied that the applicant's views about the ANC party would place him at serious risk of harm were he to return to South Africa.

In the Federal Magistrates Court, Driver FM ruled that there was no error in the Tribunal's approach to persecution, and that the Tribunal's decision on the basis of country information was unaffected by any error of law.  An appeal to the Federal Court was dismissed as disclosing no error of law by Ryan J.

In this Court the applicant presses the claims of jurisdictional error.  These claims were dealt with comprehensively by the Federal Court and Federal Magistrates Court, and there is no new question of law of general public importance that would warrant a grant of special leave.

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 Justice Heydon and myself.

AT 9.26 AM THE MATTER WAS CONCLUDED