Waal of 2002 v MIMIA

[2005] HCATrans 256

[2005] HCATrans 256

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P96 of 2003

B e t w e e n -

WAAL OF 2002

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 APRIL 2005, AT 1.48 PM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, an Iranian, for a protection visa on the ground that the applicant fabricated his claims as to his involvement in political demonstrations in Iran and as to the Iranian authorities’ pursuit of him and that the prospect of incurring penalties upon a return to Iran for not having reported to military service did not constitute “persecution”.

The Federal Magistrates Court found that there was no breach of an essential requirement in the Migration Act, and thus, no jurisdictional error.

The Federal Court dismissed an appeal on the ground that the Tribunal did not fail to take into account relevant evidence, there was no procedural fairness and because it was open to the Tribunal to disbelieve the applicant’s testimony.

The applicant’s special leave application complained of jurisdictional error and that the Tribunal’s decision was not a bona fide attempt to exercise its power.

An appeal has no prospects of success.

The application is dismissed.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 1.48 PM THE MATTER WAS CONCLUDED