SZDZW v MIMIA

[2005] HCATrans 649

[2005] HCATrans 649

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S243 of 2005

B e t w e e n -

SZDZW

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.39 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Nepalese national, for a protection visa on the basis of findings that the applicant failed to provide information that would satisfy the Tribunal that the applicant holds a well-founded fear of persecution.

The Federal Magistrates Court held that the applicant had raised no grounds of review and that no jurisdictional error was identifiable.

The Federal Court also held that there were no grounds on which the decision of the Tribunal or the Federal Magistrate could be reviewed.

The applicant’s special leave application complained of errors of law but requested a review of the merits of the Tribunal’s decision.  No grounds of review are available.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.40 AM THE MATTER WAS CONCLUDED