WACM v MIMIA

[2005] HCATrans 341

[2005] HCATrans 341

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P34 of 2004

B e t w e e n -

WACM

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.21 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Iran who claims to be entitled to refugee status by reason of what the Refugee Review Tribunal described as his “reformist political views and activities”.

The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal did not believe important elements of the applicant’s claims, describing his evidence as suffering “a serious lack of plausibility”.

Pursuant to s 39B of the Judiciary Act 1903 (Cth), the applicant lodged applications in the Federal Court, which were consolidated and remitted to the Federal Magistrates Court. That Court dismissed the application. An appeal to the Full Court of the Federal Court (French, Carr and Finn JJ) was dismissed on the basis that no jurisdictional error had been shown in the Tribunal’s decision.

Having reviewed the reasons of the Tribunal and the courts below, we are of the view that there are insufficient prospects of success in an appeal to this Court from the Full Court to warrant a grant of special leave.  Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.22 AM THE MATTER WAS CONCLUDED