SZEZE v MIMIA

[2005] HCATrans 411

[2005] HCATrans 411

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S75 of 2005

B e t w e e n -

SZEZE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.44 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of India.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal considered that the applicant’s claims were vague and that the evidence he presented was scant and unreliable, and inadequate to substantiate his claim for refugee status.  The Tribunal was therefore unable to be satisfied that the applicant had a well‑founded fear of persecution for a Convention reason should he return to India.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as no jurisdictional error in the decision of the Tribunal had been demonstrated.  The Federal Court (Conti J) dismissed an appeal.

We have reviewed the applicant’s written case and the decisions of the Tribunal and the courts below.  There are insufficient prospects of success in any appeal to this Court from the Federal Court.  Accordingly special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.45 AM THE MATTER WAS CONCLUDED