SZBZF v MIMIA [2005] HCATrans 642 (30 August 2005)

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SZBZF v MIMIA [2005] HCATrans 642 (30 August 2005)

Last Updated: 7 September 2005

[2005] HCATrans 642

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S515 of 2004

B e t w e e n -

SZBZF

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 CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.38 AM

Copyright in the High Court of Australia

McHUGH J: The Refugee Review Tribunal rejected the claim of the applicant, an Indian national, for a protection visa on the ground that the Tribunal found that the applicant will not be persecuted in India by reason of being a Muslim, or because of his involvement with the Samajwadi Party (“SP”). The Tribunal rejected the applicant’s claim that the Indian police had discriminatorily detained the applicant or that the applicant had been attacked, or the applicant’s uncle abducted, by men acting on behalf of the Shiv Sena Party.

The Federal Magistrates Court held that the Tribunal’s decision was not vitiated by apprehended or actual bias or any jurisdictional error.

The Federal Court dismissed an appeal because the applicant’s notice of appeal did not identify any error of law on the part of the Federal Magistrates Court and because the applicant’s assertion that the Tribunal did not reach its conclusions in good faith was without foundation.

The applicant’s special leave application complained of errors of law and procedural errors. The applicant also relied on Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish our joint reasons.

AT 9.38 AM THE MATTER WAS CONCLUDED