Nadz v MIMIA & Anor

[2005] HCATrans 1011

[2005] HCATrans 1011

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S374 of 2005

B e t w e e n -

NADZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS 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, 15 DECEMBER 2005, AT 9.21 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  He claimed to be a member of the Bangladesh National Party who, at the behest of political opponents, was falsely charged with and convicted of murder and physically attacked.  The Refugee Review Tribunal did not accept his evidence and rejected his claims.

An application for review to the Federal Court of Australia was rejected by Hely J on the ground that the Tribunal had not fallen into any jurisdictional error.  An appeal to the Full Court of the Federal Court of Australia was discontinued.

The applicant then commenced fresh proceedings in the Federal Court of Australia.  These were dismissed by Selway J for non-compliance with the court’s procedural directions.  An application for special leave to appeal to this Court was discontinued.

The applicant then commenced further proceedings in the Federal Magistrates Court.  These proceedings were dismissed as an abuse of process.  An appeal to the Federal Court of Australia (Graham J) was dismissed on the ground that the Federal Magistrates Court was correct.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for 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.  I publish the disposition signed by Heydon J and myself.

AT 9.23 AM THE MATTER WAS CONCLUDED