SZJAR v MIAC

[2007] HCATrans 790

[2007] HCATrans 790

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S187 of 2007

B e t w e e n -

SZJAR

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 9.44 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Conti J) exercising the appellate jurisdiction of that Court.  By those orders, Conti J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Scarlett FM) dismissing an application for review of a decision of the Refugee Review Tribunal.  Each of Conti J and Scarlett FM found no bias on the part of the Tribunal or denial of natural justice.  The applicant's complaints were otherwise as to the merits of the Tribunal's decision.  The Tribunal had affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The applicant claimed to fear persecution as a Muslim businessman and claimed to experience difficulties because he provided social services to the Dalits.  The Tribunal was not satisfied that any harm suffered by the applicant was by virtue of membership of a particular social group or that the applicant's status as a Muslim would of itself give rise to a well-founded fear of persecution. 

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant has not advanced any question of law that would justify a grant of special leave.  We see no reason to doubt the correctness of the conclusions reached by the courts below.  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. I publish the disposition signed by Kiefel J and myself.

AT 9.46 AM THE MATTER WAS CONCLUDED