NAJB v MIMIA

[2005] HCATrans 71

[2005] HCATrans 071

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S17 of 2004

B e t w e e n -

NAJB

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 9.37 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the applicant's claim that he fears death at the hands of the Awami League if he returns to Bangladesh.  The grounds on which it did so in part related to matters of credit and in part to maters of country information.

The Federal Magistrates Court dismissed an application for judicial review on the ground that no jurisdictional error had been demonstrated.  An invocation of the principle in Muin v Refugee Review Tribunal (2002) 190 ALR 601 fails for want of evidence.

The Federal Court dismissed an appeal on the ground that no error of law was established.

The special leave application repeats several pro forma allegations of procedural error, including that based on the Muin principle, not supported by reference to the circumstances of this case or by evidence.  It 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