SZDFX v MIMIA [2005] HCATrans 1023 (15 December 2005)

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SZDFX v MIMIA [2005] HCATrans 1023 (15 December 2005)

Last Updated: 6 January 2006

[2005] HCATrans 1023

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S400 of 2005

B e t w e e n -

SZDFX

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 9.38 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of India and a Hindu who formerly resided in Mumbai. He claims to fear religious and political persecution from “extremist Moslems”. His claim for a protection visa was rejected by the Refugee Review Tribunal. The Tribunal described the applicant’s claims as “vague and very general” and as amounting “to nothing more than unsupported allegations”. Furthermore, the applicant’s claims were inconsistent with independent country information obtained by the Tribunal which suggested that Moslems were in the minority in the applicant’s home state, and that Moslems had been the victims of violence by the Hindu majority.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court was dismissed by Hill 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 9.40 AM THE MATTER WAS CONCLUDED