SZGID v MIMIA & Anor

[2006] HCATrans 231

[2006] HCATrans 231

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S566 of 2005

B e t w e e n -

SZGID

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 WEDNESDAY, 10 MAY 2006, AT 9.43 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Nigeria and a Christian who claims to fear religious persecution from Muslim supporters of Sharia law.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal observed that the applicant’s claims were “stated in the most general of terms”, which level of detail was insufficient for the Tribunal to make findings in his favour.  The applicant’s claims were also inconsistent with independent country information.

The Federal Magistrates Court dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Moore J.

The applicant’s summary of argument raises no grounds for special leave. In particular, in so far as allegations are made of breach of s 424A of the Migration Act 1958 (Cth), those allegations were not raised before the Federal Magistrate or Moore J, and in any case concern information that is not specifically about the applicant or another person.

There would be no prospects of success on any appeal to this Court from the Federal Court.  Special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave with costs.  I publish the disposition signed by Heydon J and myself.

AT 9.44 AM THE MATTER WAS CONCLUDED