NAHV v MIMIA

[2005] HCATrans 73

[2005] HCATrans 073

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S595 of 2003

B e t w e e n -

NAHV

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, 3 MARCH 2005, AT 9.38 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi, for refugee status on the ground that whatever problems he had were local, and could be avoided by relocation within Bangladesh.

The Federal Magistrates Court found no jurisdictional error and rejected a claim that the Tribunal had acted in bad faith.

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

The applicant's special leave application complained of a lack of bona fides, procedural errors, a denial of natural justice and of an absence of evidence before the Tribunal.  It also relied on Muin v Refugee Review Tribunal (2002) 190 ALR 601, but did not demonstrate the necessary factual basis.

An appeal has no prospects of success.

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.38 AM THE MATTER WAS CONCLUDED