SZEPW v MIMIA & Anor [2006] HCATrans 491 (5 September 2006)

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SZEPW v MIMIA & Anor [2006] HCATrans 491 (5 September 2006)

Last Updated: 25 September 2006

[2006] HCATrans 491

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S58 of 2006

B e t w e e n -

SZEPW

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 5 SEPTEMBER 2006, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is the son of a Pakistani. The applicant claims to be a national of Kashmir and claims to fear political and religious persecution. A delegate of the first respondent refused a protection visa.

The Refugee Review Tribunal rejected key parts of the applicant’s claims. In particular, it held that the applicant’s involvement with the Jammu and Kashmir Liberation League did not entail a real chance of persecution.

The Federal Magistrates Court (Smith FM) refused judicial review on the ground that there was no jurisdictional error. The Federal Court of Australia (Madgwick J) held that the Tribunal had made no jurisdictional error of any practical consequence in view of the finding referred to above.

There are insufficient prospects of success in any appeal to justify the grant of special leave. The application must be dismissed.

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 9.42 AM THE MATTER WAS CONCLUDED