SZECT v MIMIA

[2005] HCATrans 1015

[2005] HCATrans 1015

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S382 of 2005

B e t w e e n -

SZECT

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 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who arrived in Australia in December 2003.  He claims to fear political persecution as a member of the Communist Party of India (Marxist). 

The applicant’s claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal found that there was no substance in the applicant’s claim to fear persecution in India.  Much of the evidence the applicant provided was generalised and did not pertain to his particular circumstances.  The Tribunal concluded that there was no evidence to support the applicant’s claim to fear persecution, and in any event he could relocate elsewhere within India to avoid any persecution he might face.

The applicant’s application for judicial review was rejected by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Lindgren 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 9.27 AM THE MATTER WAS CONCLUDED