SZFKL v MIMIA

[2005] HCATrans 1008

[2005] HCATrans 1008

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S363 of 2005

B e t w e e n -

SZFKL

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 THURSDAY, 15 DECEMBER 2005, AT 9.18 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear persecution as a member of the particular social group of low-caste Chammars, part of the caste of Dalits.  The Refugee Review Tribunal affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa.  The Tribunal found the applicant’s evidence not to be credible due to significant inconsistencies and to what the Tribunal described as the applicant’s “propensity to shift and alter his evidence as he went along”.  The Tribunal therefore was unable to be satisfied that the applicant either had experienced persecution or faced a real chance of persecution should he return to India.

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 Madgwick 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 9.19 AM THE MATTER WAS CONCLUDED