NACF v MIMIA

[2005] HCATrans 136

[2005] HCATrans 136

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S161 of 2004

B e t w e e n -

NACF

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, 10 MARCH 2005, AT 9.38 AM

Copyright in the High Court of Australia

GUMMOW J:   This application for special leave seeks to challenge the decision of a judge of the Federal Court of Australia dismissing an appeal from a decision of a Federal Magistrate.  The Federal Magistrate emphasised that in the Refugee Review Tribunal, which had affirmed the decision not to grant a protection visa, the case turned upon its views of the credibility of the applicant’s claims that he was a stateless Bihari rather than a citizen of Bangladesh.

In this Court the summary of argument appears to rely on Muin v Refugee Review Tribunal (2002) 190 ALR 601. However, there is no attempt to establish any facts analogous to those involved in Muin.  No error is disclosed in the treatment of the case in the Federal Court.

The application to this Court is brought out of time.  The necessary extension of time should not be granted because there are no prospects of success in the special leave application.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order refusing the application for extension of time and dismissing the application with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.39 AM THE MATTER WAS CONCLUDED