Applicant S1646/2003 v Minister for Immigration & Citizenship& Anor [2007] HCATrans 784 (12 December 2007)

Last Updated: 19 December 2007

[2007] HCATrans 784

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S155 of 2007

B e t w e e n -

APPLICANT S1646/2003

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 DECEMBER 2007, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant, a citizen of India, seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Conti J) exercising the appellate jurisdiction of that Court. By those orders, Conti J dismissed the applicant's appeal against orders of the Federal Magistrates Court (Raphael FM) dismissing an application for review of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The applicant claimed to fear persecution as a member of Akali Dal and to have been suspected of militant activities. The applicant claimed to have received ongoing threats from police. The Tribunal was not satisfied as to the truth of the applicant's accounts. The courts rejected the applicant's contention of a breach of s 424A of the Migration Act 1958 (Cth) as misconceived.

Because the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicant's case before this Court discloses no question of law that would justify a grant of special leave to appeal. There is no reason to doubt the correctness of the decisions below. 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. I publish the disposition signed by Kiefel J and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED