SZJJL v MIAC & Anor

[2008] HCATrans 112

[2008] HCATrans 112

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S323 of 2007

B e t w e e n -

SZJJL

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 FRIDAY, 29 FEBRUARY 2008, AT 9.48 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of India.  On 19 May 2006 a delegate of the first respondent refused his application for a protection visa.  The applicant claimed to fear persecution because he was a prominent local politician from a village near the Pakistan border who had advocated against militancy.  The Refugee Review Tribunal rejected his application on 2 August 2006.  It found that the applicant had been threatened with extortion, but it would be reasonable for him to relocate to New Delhi.

On 16 February 2007, Scarlett FM dismissed the application for review of the Tribunal’s decision.  His Honour found no jurisdictional error in the Tribunal’s decision.  The evidence supported the Tribunal’s finding as to the reasonableness of relocation.

Conti J dismissed the applicant’s appeal to the Federal Court on 24 May 2007.  His Honour found that the Tribunal considered the available evidence and made a finding of fact as to the reasonableness of relocation which was untainted by jurisdictional error.

In the draft notice of appeal the applicant does not advance any questions of law that would justify a grant of special leave to appeal.  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 9.49 AM THE MATTER WAS CONCLUDED