SZIGA v Minister for Immigration & Citizenship & Anor [2007] HCATrans 734 (6 December 2007)

Last Updated: 14 December 2007

[2007] HCATrans 734

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S135 of 2007

B e t w e e n -

SZIGA

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 DECEMBER 2007, AT 9.33 AM

Copyright in the High Court of Australia

HEYDON J: The applicant is a citizen of India. A delegate of the first respondent refused his application for a protection visa. The second respondent upheld that decision. It concluded that he had fabricated his claims to fear persecution by reason of his membership of the Tamil Nadu Liberation Army and his expression of a desire for Tamil Muslims to pray in Tamil and have the Koran translated into Tamil.

An application for judicial review was dismissed by the Federal Magistrates Court (Lloyd-Jones FM), which rejected the applicant's claims of jurisdictional error and denial of natural justice. The Federal Court of Australia (Buchanan J) dismissed an appeal.

The submissions of the applicant in support of his application for special leave to appeal are stereotyped and are not directed to Buchanan J's reasoning. An appeal would have no prospects of success were the application granted, and it 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 that disposition signed by Justice Kirby and myself.

AT 9.34 AM THE MATTER WAS CONCLUDED