SZIXK v MIAC & Anor

[2007] HCATrans 667

[2007] HCATrans 667

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S77 of 2007

B e t w e e n -

SZIXK

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 9.21 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India who claims to fear persecution because he was an activist with the Tamil Nadu Liberation Army ("the TNLA").  On 18 April 2006, 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 of involvement with the TNLA.

An application for judicial review by the Federal Magistrates Court was dismissed by Smith FM on 5 September 2006.  The Tribunal's adverse findings were untainted by jurisdictional error and there was no arguable case raised.  An application for leave to appeal to the Federal Court was necessary but leave was refused by Tracey J on 16 February 2007.

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 Justice Kiefel and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED