Applicant S237-2003 v MIMIA

[2005] HCATrans 465

[2005] HCATrans 465

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S467 of 2004

B e t w e e n -

APPLICANT S237/2003

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 2.57 PM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia on 21 October 1993.  He claimed to be entitled to refugee status by reason of a well-founded fear of political persecution.

On 24 June 1996 the Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal was unable to be satisfied that the harassment the applicant claimed to have suffered amounted to persecution on Convention grounds.

The applicant subsequently became a party to the proceedings in this Court commonly known as the Muin proceedings (2002) 190 ALR 601. Following the disposition of those proceedings the applicant filed in this Court a draft order nisi for constitutional writs. The application was remitted to the Federal Court. Emmett J dismissed the application for orders nisi as raising no arguable case for the grant of constitutional relief. As the decision of Emmett J was interlocutory in nature, leave to appeal was required. On 8 November 2004, Allsop J refused the applicant leave to appeal. His Honour agreed with the conclusion of Emmett J that there was no arguable case of jurisdictional error on the part of the Tribunal. It is from that decision that the applicant seeks special leave to appeal.

We have considered the applicant’s written case, together with the reasons for judgment in the Federal Court and those of the Tribunal.  An appeal to this Court from the decision of Allsop J would have no prospect of success.  Accordingly, 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 Kirby J and myself.

AT 2.59 PM THE MATTER WAS CONCLUDED