Applicant A82/2003 v MIMIA [2005] HCATrans 252 (27 April 2005)

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Applicant A82/2003 v MIMIA [2005] HCATrans 252 (27 April 2005)

Last Updated: 23 May 2005

[2005] HCATrans 252

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Adelaide No A50 of 2004

B e t w e e n -

APPLICANT A82/2003

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 WEDNESDAY, 27 APRIL 2005, AT 9.24 AM

Copyright in the High Court of Australia

GLEESON CJ: The applicant is a citizen of Nepal who claims to be entitled to refugee status by reason of his membership of a particular social group, which was identified as human rights activists.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The Tribunal did not believe any of the applicant’s claims.

Pursuant to section 75(v) of the Constitution the applicant sought relief in the High Court in respect of the Tribunal’s decision. On 11 June 2003 that application was remitted by a Justice of this Court to the Federal Court. A judge of the Federal Court (Finn J) dismissed the application, holding that no jurisdictional error had been shown. An appeal to the Full Court of the Federal Court was dismissed for want of prosecution.

Having reviewed the reasons of the Tribunal and the Federal Court at first instance, we are of the view that there were insufficient prospects of success if an appeal to the Full Court of the Federal Court had been pursued on the merits. There are insufficient prospects of success in an appeal to this Court to warrant a grant of special leave. Accordingly special leave to appeal is refused.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.25 AM THE MATTER WAS CONCLUDED