NAFD v MIMIA

[2005] HCATrans 215

[2005] HCATrans 215

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S263 of 2004

B e t w e e n -

NAFD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 21 APRIL 2005, AT 9.32 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi, for a protection visa on the ground that the applicant would no longer be of interest to his former political opponents, that whatever problems he had were local and could be avoided by relocation within Bangladesh and that his own Party would not now turn on him for having left the country.

The Federal Court found no jurisdictional error and rejected a claim that the Tribunal’s findings demonstrated actual bias.

The Full Court of the Federal Court dismissed an appeal on the ground that no error in the reasoning of the decision of the Federal Court had been demonstrated.

The applicant’s special leave application complained of procedural errors, errors of law, and a failure to take account of the evidence.  The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis.

An appeal has no prospects of success.

The application is dismissed.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.33 AM THE MATTER WAS CONCLUDED