SZFYC v MIMIA & Anor

[2006] HCATrans 488

[2006] HCATrans 488

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S22 of 2006

B e t w e e n -

SZFYC

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 TUESDAY, 5 SEPTEMBER 2006, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India from the Punjab.  He claims to fear persecution at the hands of a Sikh political group and at the hands of the police.  A delegate of the first respondent refused a protection visa.  The Refugee Review Tribunal appeared to accept the factual elements of the applicant’s claims, but held that the threats of harm made were not for a Convention reason but were the result of personal desires by the relevant persons for extortion.  The Tribunal also said that it was open to the applicant to relocate to another part of India. 

The Federal Magistrates Court (Raphael FM) refused judicial review on the ground, inter alia, that the Tribunal’s relocation finding revealed no jurisdictional error.

On appeal to the Federal Court of Australia (Bennett J), the applicant made a much wider attack on the Tribunal, but Bennett J found no jurisdictional error.

There are insufficient prospects of the applicant demonstrating error in the courts below to justify the grant of special leave.  The application must be dismissed.

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 9.37 AM THE MATTER WAS CONCLUDED