SZEUC v MIMIA

[2005] HCATrans 646

[2005] HCATrans 646

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S253 of 2005

B e t w e e n -

SZEUC

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, an Indian national, for a protection visa on the basis of findings that the applicant’s father was not subjected to serious harm amounting to persecution for a Convention reason and that the applicant is not at risk of persecution upon return to India by reason of his association with the BJP party, the Shiv Sena party or the Hindu religion.

The Federal Magistrates Court upheld the respondent’s application that the matter be dismissed under r 13.10 of the Federal Magistrates Court Rules 2001 and dismissed the applicant’s application for review of the Tribunal’s decision on the ground that the applicant had failed to particularise a ground of appeal and that there was no evidence that the Tribunal fell into jurisdictional error.

The Federal Court dismissed an appeal as incompetent.

The applicant’s special leave application complained of errors of law and procedural errors. The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has no prospects of success.

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 9.39 AM THE MATTER WAS CONCLUDED