SZDVN v MIMIA [2005] HCATrans 1014 (15 December 2005)

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SZDVN v MIMIA [2005] HCATrans 1014 (15 December 2005)

Last Updated: 6 January 2006

[2005] HCATrans 1014

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S378 of 2005

B e t w e e n -

SZDVN

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 9.25 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant claims to be a citizen of Nepal. He claims to be a member of the Nepalese Communist Party and to have been persecuted by Maoists who burned his shop. The Refugee Review Tribunal found that he had fabricated key parts of his oral evidence and key documents. It was not satisfied that he faced a real chance of harassment or theft from Maoists; and it said that if he were harassed, there was adequate State protection.

The Federal Magistrates Court dismissed an application for review of the Tribunal’s decision on the ground that the Tribunal had not fallen into any jurisdictional error. An appeal to the Federal Court of Australia was dismissed by Sackville J.

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 9.26 AM THE MATTER WAS CONCLUDED