Nahu v MIMIA

[2005] HCATrans 213

[2005] HCATrans 213

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S248 of 2004

B e t w e e n -

NAHU

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, 21APRIL 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 exaggerated his notoriety in Bangladesh, that the applicant fabricated his claims as to events that happened in Bangladesh, that, if an attack had occurred, it was likely to be attributable to criminal violence and not persecution, that non-practising Muslims are not at risk of persecution and that neither the fundamentalists, the Awami League nor anyone else had any adverse interest in the applicant.

The Federal Magistrates Court found no jurisdictional error, failure to do substantive justice or procedural unfairness.

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

The applicant’s special leave application complained of errors of law, a failure to review the evidence and procedural unfairness.  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 9.32 AM THE MATTER WAS CONCLUDED