SZDNN v MIMIA

[2005] HCATrans 839

[2005] HCATrans 839

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S335 of 2005

B e t w e e n -

SZDNN

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 SYDNEY ON FRIDAY, 7 OCTOBER 2005, AT 9.07 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 because the Tribunal found that the applicant would not be denied state protection in the form of a normal police response to any specific complaint of attacks by the Islamic party PDP and that the applicant does not face a risk of persecution upon return to India by reason of his political opinions.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal, that no allegation of bias, apprehended bias or bad faith on the part of the Tribunal was particularised and that no other reviewable error was discernable.

The Federal Court dismissed an appeal on the grounds that the applicant had not identified any grounds on which to review the decision of the Federal Magistrates Court.

The applicant’s special leave application complained of errors of law, procedural unfairness and jurisdictional error but did not particularise any of these grounds of appeal. 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.

The Court will adjourn until 9.30 am.

AT 9.07 AM THE MATTER WAS CONCLUDED