SZFCB v MIMIA [2005] HCATrans 1009 (15 December 2005)

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SZFCB v MIMIA [2005] HCATrans 1009 (15 December 2005)

Last Updated: 6 January 2006

[2005] HCATrans 1009

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S366 of 2005

B e t w e e n -

SZFCB

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 THURSDAY, 15 DECEMBER 2005, AT 9.19 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant claims to be a citizen of India, to have been resident in Tamil Nadu, to be a member of a low caste, to have been an advocate for the rights of his caste, and as a result to have been exposed to threats and harassment. The Refugee Review Tribunal found that it was reasonable to expect the applicant to relocate in some other part of India and thereby avoid the risk of persecution.

The Federal Magistrates Court dismissed an application for judicial review because the Tribunal had not fallen into jurisdictional error. The Federal Court of Australia (Sackville J) dismissed an appeal on the ground that there was no error in the decision of the Federal Magistrates Court.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court. There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave. Accordingly the application for 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 9.20 AM THE MATTER WAS CONCLUDED