Applicant A87-2003 v MIMIA

[2005] HCATrans 461

[2005] HCATrans 461

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A8 of 2005

B e t w e e n -

APPLICANT A87/2003

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 1 AUGUST 2005, AT 2.48 PM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal rejected for lack of credibility key elements of the applicant’s factual claims.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well-founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Court.  Wilcox J dismissed the application as demonstrating no basis for judicial review.  The applicant then lodged in this Court an application for orders nisi for constitutional writs, which application was remitted to the Federal Court.  On the motion of the respondent Minister, the applicant’s proceedings were dismissed by Lander J as precluded by the species of estoppel identified in Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589. His Honour additionally considered that the claim raised in the second proceedings, being jurisdictional error through failure to comply with s 424A of the Migration Act 1958 (Cth), was “completely without merit”. An appeal against the decision of Lander J to the Full Court of the Federal Court (Finn, Dowsett and Selway JJ) was dismissed.

We have considered the applicant’s written case and the reasons for judgment of the Full Court of the Federal Court and those of Lander J, as well as the reasons of the Tribunal and of Wilcox J.  There are insufficient prospects of success in any appeal to this Court from the Full Court to warrant a grant of special leave.  Accordingly, the application for special leave is 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 Kirby J and myself.

AT 2.50 PM THE MATTER WAS CONCLUDED