SZIQH v MIAC & Anor

[2007] HCATrans 672

[2007] HCATrans 672

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S85 of 2007

B e t w e e n -

SZIQH

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 THURSDAY, 15 NOVEMBER 2007, AT 9.28 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  He applied for a protection visa on 27 September 2005.  A delegate of the first respondent refused that application on 1 December 2005.  The Refugee Review Tribunal ("the Tribunal") affirmed the decision of the delegate of the first respondent on 28 February 2006.  It found the applicant to lack credibility, and his claims to have been persecuted by members of a communist group in the Punjab to be implausible.

In the Federal Magistrates Court Scarlett FM refused the applicant's application.  His Honour found that the Tribunal's decision was largely based on its adverse view of the applicant's credibility, which was a matter for the Tribunal.  There was no failure to apply the applicable law and no jurisdictional error.

On 14 February 2007 Nicholson J dismissed the applicant's appeal in the Federal Court.  The applicant contended that Scarlett FM had erred in failing to recognise that the Tribunal's findings were made without evidence.  Nicholson J held that there was no basis upon which to conclude that the Tribunal's decision was without foundation.  
           The applicant's draft notice of appeal does not advance a question of law that would justify a grant of special leave to appeal.  The Tribunal's finding with respect to the credibility of the applicant was open to it on the evidence and its decision is untainted by jurisdictional error.  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 Justice Kiefel and myself.

AT 9.30 AM THE MATTER WAS CONCLUDED