Applicant S329-2003 v MIMA & Anor

[2007] HCATrans 373

[2007] HCATrans 373

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S442 of 2006

B e t w e e n -

APPLICANT S329/2003

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

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 AUGUST 2007, AT 9.25 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claimed to fear persecution because he was of Bihari ethnicity, and was allegedly a member of the Mohajir Qaumi Movement.  The applicant's claim for a protection visa was rejected by a delegate of the respondent.  Subsequently, the Refugee Review Tribunal ("the Tribunal") found that many of the applicant's claims were vague and lacking in detail.  The Tribunal considered that the applicant was not a credible witness, and his documentary evidence was found to be false.

The applicant sought judicial review of the Tribunal's decision in the Federal Magistrates Court.  He failed to attend the court hearing.  No explanation was provided, and Scarlett FM dismissed the application on the basis of non‑attendance.  The applicant then filed a notice of motion requesting that the order of Scarlett FM be set aside.  Baumann FM refused this application on 1 March 2006.  In the Federal Court, Edmonds J ruled that there had been an unexplained delay in seeking leave to appeal from the decision of Baumann FM, and refused an extension of time.

The applicant's case before this Court discloses no question of law to justify a grant of special leave.  No jurisdictional error has been disclosed at any stage of proceedings.  There would be no prospects of success on any appeal to this Court from the Federal Court, and accordingly special leave 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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED