VUAV v MIMIA

[2006] HCATrans 183

[2006] HCATrans 183

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M132 of 2005

B e t w e e n -

VUAV

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Ukraine who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal considered the applicant’s evidence to lack credibility, primarily because the applicant lacked basic knowledge about the party to which he claimed to belong, and because there were significant inconsistencies between the applicant’s claims and evidence before the Tribunal and his original visa application considered by a delegate of the Minister.

The Federal Magistrates Court dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court was dismissed by Merkel J. His Honour noted that s 424A(1) of the Migration Act 1958 (Cth) might have been breached through the failure of the Tribunal to bring to the applicant’s attention the information contained in his original visa application and invite comment upon it. However, his Honour concluded that this information was information “that the applicant gave for the purpose of the application” within s 424A(3)(b) such that s 424A(1) was inapplicable.

There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  In particular, no error is apparent in Merkel J’s decision upon the applicability of s 424A.  Accordingly 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 Heydon J and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED