SZDTV v MIMIA & Anor

[2006] HCATrans 291

[2006] HCATrans 291

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S595 of 2005

B e t w e e n -

SZDTV

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 ACJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 JUNE 2006, AT 9.32 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   The applicant is a citizen of India claiming to fear persecution for having agreed to sell land to an extremist Muslim who was later murdered.  The Refugee Review Tribunal affirmed the decision by a delegate of the first respondent to refuse a protection visa.  The Tribunal did not accept that the applicant was wanted by the police for the murder, denied that the applicant had suffered serious harm amounting to persecution, and said that the applicant could relocate to another part of India.

The Federal Magistrates Court (Nicholls FM) refused an application for judicial review on the ground that the Tribunal’s decision did not reveal jurisdictional error.

The Federal Court of Australia (Graham J) agreed.

The documents filed in support of the applicant’s application for special leave to appeal contain no reason to doubt the conclusion of Graham J.  The application is dismissed.

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