SZHZL v MIAC

[2007] HCATrans 779

[2007] HCATrans 779

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S117 of 2007

B e t w e e n -

SZHZL

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 9.29 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  On 7 September 2005 a delegate of the first respondent refused his application for a protection visa. The Refugee Review Tribunal ("the Tribunal") rejected the application for review of that decision on 24 November 2005.  The Tribunal was not satisfied that the applicant was a credible witness.  The Tribunal did not accept his claim to have been a Naxalite activist, or his claim that he and his family had suffered mistreatment on account of his association with that group.

Barnes FM dismissed the applicant's application in the Federal Magistrates Court on 12 October 2006.  The Tribunal was entitled to reach the conclusion it did on the material before it.

The applicant advanced substantially the same grounds in the Federal Court, where Allsop J dismissed his appeal on 2 March 2007.  His Honour noted that the applicant's grounds went to the merits, and raised no question of jurisdictional error.

The applicant's case before this Court discloses no question of law that would justify a grant of special leave, and shows no cause to doubt the correctness of the decisions below.  On the material before it, it was open to the Tribunal to reject the applicant's claims on credibility grounds.  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 9.30 AM THE MATTER WAS CONCLUDED