SZCFB v MIMIA & Anor [2007] HCATrans 176 (27 April 2007)

Last Updated: 10 May 2007

[2007] HCATrans 176

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S302 of 2006

B e t w e e n -

SZCFB

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.36 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of India. A delegate of the first respondent rejected his application for a protection visa. The Refugee Review Tribunal upheld that decision: it found that the applicant's claims were fabricated, that even if they were not, they did not disclose persecution for a Convention reason, and that the applicant could avoid harm by relocating. The Federal Magistrates Court (Smith FM) refused an application for judicial review. The Federal Court of Australia (Dowsett J) dismissed an appeal.

The applicant has advanced no ground which would give an appeal any prospects of success were special leave granted. 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 Justice Heydon and myself.

AT 9.37 AM THE MATTER WAS CONCLUDED