SZDPZ v MIMIA

[2005] HCATrans 821

[2005] HCATrans 821

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S326 of 2005

B e t w e e n -

SZDPZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.30 AM

Copyright in the High Court of Australia

HAYNE J:   This is an application for special leave to appeal against a decision of a judge of the Federal Court exercising the appellate jurisdiction of that Court pursuant to s 25(1A) of the Federal Court of Australia Act 1976 (Cth).

The Federal Court dismissed an appeal by the applicant from a judgment of a Federal Magistrate dismissing an application for review of a decision of the Refugee Review Tribunal which affirmed a decision by a delegate of the respondent not to grant the applicant, who is a citizen of Pakistan, a protection visa.

The principal reason why the applicant failed before the Refugee Review Tribunal was that he was unable to satisfy it that his claims of fear of persecution for a Convention reason, which were contradictory and unpersuasive, were credible.

Neither the Federal Magistrate nor the Federal Court was able to discern any jurisdictional or like error on the part of the Tribunal in rejecting the applicant’s claims and nor can we.

The application for special leave to appeal to this Court must be dismissed. Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

Adjourn the Court.

AT 9.31 AM THE MATTER WAS CONCLUDED