SZDPY v MIMA & Anor

[2007] HCATrans 39

[2007] HCATrans 039

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M79 of 2006

B e t w e e n -

SZDPY

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 J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.31 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a Sunni Muslim citizen of India who claims to fear religious-based persecution from Hindu extremist groups within India.  The Refugee Review Tribunal (“the Tribunal”) accepted the applicant’s claim of conversion to Islam from Hinduism, and ruled that the applicant could minimise a risk of persecution by relocating within India.  The Tribunal concluded that the applicant’s fear of persecution was not well founded, and that he did not satisfy the criteria for grant of a protection visa.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court. This was dismissed by Phipps FM who accepted that the Tribunal’s finding in regard to relocation was secondary to the finding that the applicant would not face a serious risk of persecution. In the Federal Court, Kenny J heard argument on s 424A of the Migration Act 1958 (Cth) regarding information disclosed to the Tribunal about the applicant’s educational history. Her Honour held that a ground of argument based on s 424A was untenable in this instance.

In the case before this Court the applicant has not identified persuasive reasons to doubt the correctness of the Federal Court decision. Further, any finding in favour of the applicant on the s 424A ground would have little effect given the Tribunal’s decision that there is no serious risk of persecution. There are insufficient prospects of success on any appeal to this Court to justify 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 Heydon J and myself.

AT 9.33 AM THE MATTER WAS CONCLUDED