Applicant S1507 of 2003 v MIMA & Anor

[2007] HCATrans 737

[2007] HCATrans 737

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S143 of 2007

B e t w e e n -

APPLICANT S1507 OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

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 9.36 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of Bangladesh who has been in this country for 12 years.  On arrival he claimed to be a high profile member of the Jatiya Party at risk of death from other parties.  A delegate of the first respondent refused his application for a protection visa, and the second respondent upheld that refusal on the ground that the claim was not credible. 

The Federal Magistrates Court (Scarlett FM) dismissed an application for judicial review:  it found no jurisdictional error, and said that if it had, it would have dismissed the application on the ground that the applicant had, without explanation, delayed in applying for over two years.  The Federal Court of Australia (Spender J) dismissed an appeal.

The applicant's application for special leave to appeal identifies no question of law on which an appeal would have 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 that disposition signed by Justice Kirby and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED