Applicant S370-2002 v MIMIA

[2005] HCATrans 687

[2005] HCATrans 687

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S482 of 2004

B e t w e e n -

APPLICANT S370/2002

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 THURSDAY, 8 SEPTEMBER 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a national of Bangladesh.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution on grounds of his involvement in the Bangladesh Nationalist Party.  In particular, the applicant claims to be wanted for arrest in Bangladesh as he has been convicted on false charges of having been involved in the murder of an Awami League activist.  In supporting these claims, the applicant relies upon a series of police and court documents.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal noted the existence of independent country information which suggested that documents are very commonly fraudulently obtained in Bangladesh.  It also said that, even if the documents tendered by the applicant were genuine, there was no evidence to indicate that the charges brought against him were politically motivated.

The applicant filed a draft order nisi in this Court in October 2002.  The proceedings were then remitted to the Federal Court by Gaudron J, and thereafter to the Federal Magistrates Court.  That Court dismissed the applicant’s application on the basis that he had not shown jurisdictional error in the Tribunal’s decision.  In particular, the Court found no denial of procedural fairness in the Tribunal’s use of country information concerning fraudulent documents and in the manner in which that information was put to the applicant.  An appeal to the Federal Court (Jacobson J) was dismissed.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient prospects of success in any appeal to this Court from the decision of the Federal Court.  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 this application for special leave.  I publish that disposition signed by Kirby J and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED