SZFDT v MIMIA

[2006] HCATrans 81

[2006] HCATrans 081

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S419 of 2005

B e t w e e n -

SZFDT

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 TUESDAY, 7 MARCH 2006, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Pakistan who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal had difficulties with aspects of the applicant’s evidence and rejected some of his claims, but found also that, even taking those claims at face value, there was little to suggest that the applicant’s difficulties related otherwise than to a local political problem.  The Tribunal was therefore not satisfied that the applicant was unable or unwilling to avail himself of the normally available protection of the authorities.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Conti 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 9.36 AM THE MATTER WAS CONCLUDED