SZEUG v MIMIA

[2005] HCATrans 1017

[2005] HCATrans 1017

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S387 of 2005

B e t w e e n -

SZEUG

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

SZEUH

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 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear religious persecution as a Shi’a Muslim.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal accepted that the applicant had been assaulted on two separate occasions, but found that there was no evidence to suggest that those instances were linked in any way but were the product of “sporadic inter-communal violence” that was not organised or institutionalised in any way.  The Tribunal also considered that the applicant could relocate within India to avoid any persecution.  The Tribunal was unable to conclude on the evidence before it that the applicant’s fear of persecution for a Convention reason was well-founded.

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 Stone 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 9.31 AM THE MATTER WAS CONCLUDED