SZGBV v MIAC & Anor

[2007] HCATrans 586

[2007] HCATrans 586

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S63 of 2007

B e t w e e n -

SZGBV

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

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.30 AM  

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of India.  He claimed to fear persecution on the ground that he was under adverse notice from the authorities by reason of the fact that two of his brothers belonged to a Sikh terrorist group.  The Refugee Review Tribunal ("the Tribunal") upheld a decision of a delegate of the first respondent refusing a protection visa.  It accepted that he suffered maltreatment (which it criticised) while being held for interrogation, but it said that it was not unreasonable to hold him for questioning, as he was on two occasions, in view of his own evidence that he had given assistance to Sikh terrorists belonging to a terrorist group.  It rejected various other parts of his claims, and noted that he had lived normally in the five years before he came to Australia.

Nicholls FM dismissed an application for judicial review on the ground that there was no jurisdictional error, and on the ground that the applicant had, without explanation, delayed bringing the application for over two years.  The Federal Court of Australia (Nicholson J) dismissed an appeal.

Although the papers filed by the applicant in support of his application for special leave to appeal to this Court contain some references to what happened in the Tribunal and the courts below, they are largely formulaic, they are unrelated to the detail of the reasoning of the courts below, and they disclose no point on which an appeal might succeed were special leave granted. 

The application is 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 Justice Kirby and myself.

AT 9.32 AM THE MATTER WAS CONCLUDED