SZDQU v MIMIA

[2005] HCATrans 906

[2005] HCATrans 906

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S265 of 2005

B e t w e e n -

SZDQU

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Sri Lanka who arrived in Australia in October 2003.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal rejected as not credible the applicant’s key claim that, through his association with a senior Sri Lankan police officer who had been murdered by members of the Tamil Tigers terrorist group, his life was in danger from the Tamil Tigers.  The applicant had produced no evidence other than his own inconsistent assertions about the nature of his relationship with that police officer.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to Sri Lanka.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as demonstrating no basis for judicial review.  An appeal to the Federal Court (Conti J) was dismissed.  Both the Federal Magistrate and Conti J gave detailed reasons for decision.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrate and Conti J.  An appeal to this Court from the decision of Conti J would have insufficient prospects of success to warrant a grant of special leave.  Accordingly, special leave to appeal 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 Kirby and myself.

AT 9.44 AM THE MATTER WAS CONCLUDED