SZDVZ v MIMIA & Anor

[2006] HCATrans 94

[2006] HCATrans 094

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S484 of 2005

B e t w e e n -

SZDVZ

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 TUESDAY, 7 MARCH 2006, AT 9.49 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear political persecution.  The Refugee Review Tribunal found that he had been of only a low political profile, and inactive since 2002; that he had not suffered any persecution in the past; that there was no real chance that he would in future; and that if he were threatened, he would have access to reasonable and effective State protection.

An application for judicial review to the Federal Magistrates Court was dismissed because no jurisdictional error had been shown.  An appeal to the Federal Court of Australia was dismissed.

There are insufficient prospects of success in an appeal to justify a grant of special leave.  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 9.50 AM THE MATTER WAS CONCLUDED