SZDBY v MIMIA

[2005] HCATrans 645

[2005] HCATrans 645

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S517 of 2004

B e t w e e n -

SZDBY

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 9.38 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Pakistani national, for a protection visa on the grounds that the applicant does not fear persecution upon return to Pakistan for a Convention reason, but by reason of being a witness to his uncle’s death, that the applicant was not protected from criminal behaviour by Pakistani authorities any less than other nationals and that the applicant would, upon return to Pakistan, be provided with a level of protection that would be sufficient to remove a real chance of his being persecuted by Shia people.

The Federal Magistrates Court held that none of the applicant’s grounds of appeal, which were not particularised, disclosed any error of law that constituted a jurisdictional error and that there was no evidence that the Tribunal failed to provide the applicant with procedural fairness or took into account irrelevant considerations in reaching its decision.

The Federal Court dismissed an appeal on the grounds that no coherent ground of appeal had been made out and that no jurisdictional error on the part of the Federal Magistrates Court was apparent.

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