SZDSA v MIMIA

[2005] HCATrans 697

[2005] HCATrans 697

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S240 of 2005

B e t w e e n -

SZDSA

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 THURSDAY, 8 SEPTEMBER 2005, AT 9.45 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution at the hands of Hindu fundamentalists on the ground that he is Muslim.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal accepted that the applicant was a shopkeeper and had made repeated donations to a local group of Hindu fundamentalists, the RSS, before changing his mind of their increasingly anti-Muslim activities.  The Tribunal also accepted that the applicant’s shop was subsequently destroyed in an arson attack.  However, the Tribunal was not satisfied of the applicant’s claim that he was then arrested and detained on false terrorism charges, and concluded that it was possible for him to relocate to other parts of India.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court, alleging, among other things, bias or bad faith in that decision.  The Court dismissed his application on the basis that the applicant had not shown jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court (Gyles J) was dismissed.  His Honour remarked that this appeared to be another case of a “standard form” appeal with grounds unrelated to the facts at hand.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient prospects of success in any appeal to this Court.  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 this application for special leave.  I publish that disposition signed by Kirby J and myself.

AT 9.47 AM THE MATTER WAS CONCLUDED