SZCVN v MIMIA

[2005] HCATrans 1022

[2005] HCATrans 1022

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S395 of 2005

B e t w e e n -

SZCVN

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 THURSDAY, 15 DECEMBER 2005, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear political persecution from the ruling and opposition parties in his home state of Tamil Nadu because he had knowledge of political corruption.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal did not find the applicant to be a credible witness and did not accept his claims to have been threatened and attacked by political forces.  Even if there was a threat of harm to the applicant, any such harm would not have been for a Convention reason but was rather “criminally motivated”.  The Tribunal further found that it would be reasonable for the applicant to relocate within India to avoid any harm he might face.

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

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for 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 9.38 AM THE MATTER WAS CONCLUDED