Applicant NACS of 2001 v MIMIA

[2006] HCATrans 294

[2006] HCATrans 294

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S602 of 2005

B e t w e e n -

APPLICANT NACS OF 2001

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 ACJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 JUNE 2006, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   The applicant is a citizen of Bangladesh claiming to have been a leader of the BNP, to have been attacked by Awami League supporters, and to have been the victim of false charges.  The Refugee Review Tribunal affirmed the decision by a delegate of the respondent to refuse a protection visa on the ground that it found the applicant’s case to be fabricated.

The Federal Court of Australia (Hill J) rejected an application for judicial review on the ground that there had been no jurisdictional error.  The Full Court (Black CJ, Madgwick and Allsop JJ) dismissed an appeal.  This Court (Gummow and Kirby JJ) dismissed an application for special leave to appeal.

The Federal Magistrates Court (Smith FM) then rejected an application for judicial review of the Tribunal’s decision as an abuse of process.

The Federal Court of Australia (Edmonds J) refused an application for leave to appeal on the ground that no jurisdictional error in the Tribunal’s decision had been shown.

The applicant’s application for special leave to appeal to this Court raises no point of law, and fails to grapple with the reasoning of either Smith FM or Edmonds J.  An appeal would have no prospects of success.  The application 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 Heydon J and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED