SZEGW v MIMIA

[2005] HCATrans 1026

[2005] HCATrans 1026

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S407 of 2005

B e t w e e n -

SZEGW

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims that he was active in the Congress Party, was an editor/journalist who criticised BJP politicians, and was the subject of violence at the hands of the BJP.  The Refugee Review Tribunal rejected his claim for a protection visa because it disbelieved his claims of mistreatment beyond threats, it concluded that he was not at risk of persecution, and it thought that if he was, he would be able to obtain State protection.

The Federal Magistrates Court dismissed an application for judicial review, on the ground that it could find no jurisdictional error.

An appeal to the Federal Court of Australia was dismissed by Hely J on the ground that he could find no error in the approach either of the Tribunal or of the Federal Magistrates Court.

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 9.43 AM THE MATTER WAS CONCLUDED