SZGZQ v MIMA & Anor

[2007] HCATrans 585

[2007] HCATrans 585

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S58 of 2007

B e t w e e n -

SZGZQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 9.29 AM  

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of India.  The Refugee Review Tribunal ("the Tribunal") upheld a decision of a delegate of the first respondent refusing a protection visa.  The applicant's claim for protection was based on a fear of persecution for reasons of homosexuality.  The Tribunal advised the applicant that it was unable to decide in his favour on the written material before it and invited him to give oral evidence.  He declined to do so and consented to the Tribunal making a decision without an oral hearing.  The claim was rejected because of its lack of detail.

Driver FM dismissed an application for judicial review, and the Federal Court of Australia (Greenwood J) dismissed an appeal. 

The papers filed in support of the applicant's application for special leave to appeal to this Court contain a mixture of factual assertions which do not point to any jurisdictional error and unsubstantiated complaints about breaches of procedural fairness. 

There are no prospects of success in an appeal were special leave to be 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 9.30 AM THE MATTER WAS CONCLUDED