SZFSP v MIAC & Anor

[2007] HCATrans 775

[2007] HCATrans 775

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S111 of 2007

B e t w e e n -

SZFSP

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.23 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear persecution because of his involvement in the Left Democratic Front and because of his Hindu religion.  On 17 January 2005, the Refugee Review Tribunal affirmed the decision of a delegate of the respondent Minister to refuse the applicant's application for a protection visa.  While the Tribunal accepted that the applicant had suffered some local harassment, it was not satisfied that this occurred for a Convention reason, or that its severity amounted to persecution.

An application for judicial review by the Federal Magistrates Court was dismissed by Emmett FM on 14 November 2006.  The Tribunal's adverse findings were untainted by jurisdictional error.  An appeal to the Federal Court was dismissed by Downes J on 6 March 2007.

The application for special leave to appeal does not advance any question of law that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court.  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 Kiefel J and myself.

AT 9.24 AM THE MATTER WAS CONCLUDED