SZFYV v MIAC & Anor

[2007] HCATrans 782

[2007] HCATrans 782

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S153 of 2007

B e t w e e n -

SZFYV

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 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who arrived in Australia on 23 September 2004.  On 13 December 2004 a delegate of the first respondent refused the applicant's application for a protection visa.  The Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate of the first respondent.  The Tribunal accepted that the applicant may have been sought by a Muslim terrorist group known as the National Development Front ("the NDF") in his home state, but it was satisfied that the applicant could safely relocate within India.

On 5 October 2006 Barnes FM dismissed the application.  There was no evidence of any procedural unfairness, nor was it manifestly unreasonable to expect the applicant to relocate within India.  There was no jurisdictional error.

The applicant pressed the same grounds as below in the Federal Court.  Downes J dismissed the appeal.  There was no breach of procedural fairness and the claim that the relocation finding of the Tribunal was unreasonable was not made out.  The Tribunal came to rational conclusions upon available findings of fact, and there was no error in the reasoning of the Federal Magistrate.

The applicant's draft notice of appeal does not advance any question of law that would justify a grant of special leave to appeal.  There was no jurisdictional error in the conclusion of the Tribunal, and no reason to doubt the correctness of the judgment of the Federal Court.

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 9.35 AM THE MATTER WAS CONCLUDED