SZEKC v MIMIA [2006] HCATrans 95 (7 March 2006)

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SZEKC v MIMIA [2006] HCATrans 95 (7 March 2006)

Last Updated: 13 March 2006

[2006] HCATrans 095

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S485 of 2005

B e t w e e n -

SZEKC

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 TUESDAY, 7 MARCH 2006, AT 9.50 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is an Indian citizen claiming to be a Christian at risk of persecution from Hindus on religious grounds. The Refugee Review Tribunal rejected the applicant’s claim to be a Christian and hence to have a well-founded fear of persecution for a Convention reason.

An application for judicial review to the Federal Magistrates Court was dismissed since no jurisdictional error was established. An appeal to the Federal Court of Australia failed. In particular, the Federal Court rejected a complaint of actual or ostensible bias by the Tribunal.

The documents filed in support of the applicant’s application for special leave are brief, formulaic and largely unrelated to the proceedings.

There are insufficient prospects of success in an appeal to justify a grant of special leave. 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 9.51 AM THE MATTER WAS CONCLUDED