Applicant S1307-2003 v MIMIA & Anor

[2006] HCATrans 555

[2006] HCATrans 555

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S92 of 2006

B e t w e e n -

APPLICANT S1307 OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claimed to fear persecution on the basis of his conversion to Hinduism.  His application for a protection visa was rejected by a delegate of the first respondent on 29 April 1997.  The Refugee Review Tribunal had serious doubts about the veracity of the applicant’s claims, and found that he was not a credible witness and that he had produced forged documents.

The Federal Magistrates Court dismissed the claim for review of the Tribunal’s decision.  Lloyd-Jones FM ruled that the substratum of facts giving rise to the right to review was substantially the same as previous litigation which had ultimately been dismissed in this Court by Hayne and Callinan JJ on 10 August, 2005.  On the basis that the applicant’s right to relief in the present case was informed by the same legal principles as in prior litigation, Lloyd-Jones FM dismissed the application as an abuse of process with the collateral purpose of extending the applicant’s stay in Australia.  Bennett J in the Federal Court held that the application disclosed no grounds of error by Lloyd-Jones FM and refused leave to appeal.

The applicant in this Court has not addressed the issues of estoppel, abuse of process or res judicata, nor adequately distinguished these proceedings from the prior litigation.  There are no prospects of success on any appeal to this Court from the Federal Court.  Special leave to appeal is refused.

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 9.28 AM THE MATTER WAS CONCLUDED