Naji v MIMIA

[2005] HCATrans 358

[2005] HCATrans 358

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S271 of 2004

B e t w e e n -

NAJI

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 1.56 PM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal from a decision of the Full Court of the Federal Court dismissing an appeal from the judgment of a single judge of that Court dismissing the applicant’s application for review of a decision of the Refugee Review Tribunal denying the applicant a protection visa.

The applicant’s principal claim was that he feared persecution by his political enemies who had caused charges to be laid against him with respect to activities of a terrorist kind in Bangladesh.  He also asserted that he would be assassinated if he were to return to that country of which he was a citizen, and from which he had come to Australia.

The Tribunal was not satisfied that the applicant faced a real risk of persecution for a Convention reason.  In the Federal Court he contended that he had been deprived of an opportunity to present his case fully there.

Neither before a single judge of the Federal Court nor the Full Court was the applicant able to demonstrate that this was so or that there was any jurisdictional or other error on the part of the Tribunal.

There is no reason to doubt those conclusions.

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.  I publish that disposition.

AT 1.58 PM THE MATTER WAS CONCLUDED