SZIAK v MIMA & Anor

[2007] HCATrans 568

[2007] HCATrans 568

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S434 of 2006

B e t w e e n -

SZIAK

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 3 OCTOBER 2007, AT 9.39 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear persecution as a Sikh and a member of the opposition Badal political group.  On 18 November 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 Tribunal did not find the applicant to be a truthful witness, and disbelieved his claims about membership of the political group and about his alleged arrest and detention by the police.

An application for judicial review by the Federal Magistrates Court was dismissed by Scarlett FM on 7 August 2006. The Tribunal had not misapplied ss 414 or 91R of the Migration Act 1958 (Cth), and its adverse credibility findings were not tainted by jurisdictional error. An appeal to the Federal Court was dismissed by Dowsett J on 9 November 2006.

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.  Pursuant to the order made by Gummow J on 13 February 2007, the applicant is to pay the costs of the application for reinstatement of his application for special leave filed on 5 December 2006.  I publish the disposition signed by Justice Kiefel and myself.

AT 9.41 AM THE MATTER WAS CONCLUDED