SZDXW v MIMIA [2005] HCATrans 526 (5 August 2005)

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SZDXW v MIMIA [2005] HCATrans 526 (5 August 2005)

Last Updated: 25 August 2005

[2005] HCATrans 526

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S99 of 2005

B e t w e e n -

SZDXW

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.55 AM

Copyright in the High Court of Australia

McHUGH J: The applicant is a national of Nepal. He claims to have a well founded fear of persecution by Maoist rebels because of his political beliefs. He seeks special leave to appeal from the judgment of the Full Court of the Federal Court dated 21 February 2005. That Court dismissed the applicant’s appeal against the decision of the Federal Magistrates Court, given on 29 October 2004, upholding the objection to the competency of an application for judicial review of a decision of the Refugee Review Tribunal adverse to the applicant, given on 8 October 2002. The learned Magistrate also held that there was no jurisdictional error in the reasons of the Tribunal.

The applicant does not raise any error of law that could justify a grant of special leave to appeal to this Court. There is nothing to suggest any jurisdictional error on the part of the Tribunal, or any error in the reasons of the Courts below. The Tribunal determined that the applicant was not credible and that his fears were not well-founded. That is a factual judgment that the Tribunal was entitled to make. In the absence of any legal question for determination, this application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed. I publish our joint reasons.

AT 8.55 AM THE MATTER WAS CONCLUDED