SZEIK v MIMIA & Anor

[2006] HCATrans 87

[2006] HCATrans 087

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S447 of 2005

B e t w e e n -

SZEIK

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 9.42 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a Lebanese national claiming to fear religious and political persecution.  The Refugee Review Tribunal, while accepting much of the applicant’s account, found that most of the unpleasant experiences he had suffered had been unconnected with any Convention reason, and the balance were not serious enough to be considered persecution.

After eight years’ delay, of which the applicant had failed to explain about three, the Federal Magistrates Court dismissed an application for judicial review on the ground that the Tribunal had not fallen into any jurisdictional error.  The Federal Court of Australia dismissed an appeal.

Nothing in the documents filed in support of this special leave application suggest that the courts below erred.  There are insufficient prospects of success in an appeal to justify the 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 9.43 AM THE MATTER WAS CONCLUDED