NADN & Anor v MIMIA

[2005] HCATrans 402

[2005] HCATrans 402

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S336 of 2004

B e t w e e n -

NADN

First Applicant

NASV

Second Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.32 AM

Copyright in the High Court of Australia

__________________

GLEESON CJ:   The applicants are husband and wife.  They claim to be entitled to refugee status by reason of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant to the applicants protection visas.  The Tribunal disbelieved the claims of both applicants.  In particular, the Tribunal rejected their claim that they were stateless Biharis, finding instead that they were citizens of Bangladesh.  The Tribunal further found, contrary to the applicants’ claims, that they had not lived all their lives in a refugee camp in Bangladesh.  The Tribunal was not satisfied that there was a real chance that the applicants would experience persecution for a Convention reason should they return to Bangladesh. 

The applicants sought review of the Tribunal’s decision by the Federal Court.  Allsop J dismissed that application because no jurisdictional error in the decision of the Tribunal had been shown.  An appeal to the Full Court of the Federal Court (Selway, Bennett and Lander JJ) was dismissed.

We have considered the decisions of the Tribunal and the Federal Court.  The Full Court was correct to dismiss the appeal.  The applicants’ written case, which appears to be a pro forma document, raises no grounds for the grant of special leave.  There are no prospects of success in any appeal to this 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.

AT 9.33 AM THE MATTER WAS CONCLUDED