SZDUN v MIMIA

[2005] HCATrans 1010

[2005] HCATrans 1010

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S373 of 2005

B e t w e e n -

SZDUN

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, 15 DECEMBER 2005, AT 9.20 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Fiji of Indian ethnicity.  He claimed to have been harassed by indigenous Fijians.  The Refugee Review Tribunal accepted various aspects of the applicant’s evidence, but concluded that what had happened to the applicant, and what might happen to him in future, was not significant enough to amount to persecution.  It also concluded that there was adequate State protection.

An application for review to the Federal Magistrates Court was dismissed on the ground that the Tribunal had not fallen into jurisdictional error.  An appeal to the Federal Court of Australia was dismissed by Graham J.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for special leave 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 Heydon J and myself.

AT 9.21 AM THE MATTER WAS CONCLUDED