SZGLU v MIAC & Anor

[2007] HCATrans 776

[2007] HCATrans 776

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S112 of 2007

B e t w e e n -

SZGLU

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 9.24 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Malaysia who claims to fear persecution because of his alleged political activities and because of his Hindu religion.  On 25 April 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.  The claims made by the applicant before the Tribunal were inconsistent with those made in his application for a protection visa, and after questioning the applicant the Tribunal treated the earlier claims as having been abandoned.  However, the Tribunal did not accept the claims then pressed by the applicant, finding them to be far-fetched, tenuous and equivocal.

An application for judicial review by the Federal Magistrates Court was dismissed by Smith FM on 1 November 2006.  The Tribunal's adverse findings were untainted by jurisdictional error.  An appeal to the Federal Court was dismissed by Bennett J on 21 February 2007.  In particular, the Tribunal had not erred in treating the protection visa claims as having been abandoned.

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 9.26 AM THE MATTER WAS CONCLUDED