NAJQ v MIMIA

[2005] HCATrans 524

[2005] HCATrans 524

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S388 of 2004

B e t w e e n -

NAJQ

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.54 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 because the Tribunal was not satisfied that the applicant’s political profile, or membership of the Jatiya Party, which has a conciliatory relationship with the current ruling party, the BNP, made it a real chance that the applicant would be persecuted upon his return to Bangladesh.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal, that there were no grounds for alleging that the Tribunal was biased, that the Tribunal was not under a duty to make further inquiries into the applicant’s claims and that the Tribunal did not breach s 424A of the Migration Act 1958 (Cth) or rules of procedural fairness.

The Federal Court dismissed an appeal on the ground that the applicant had not identified any error in the decision of the Federal Magistrate and that the Tribunal did not fail to accord the applicant procedural fairness.

The applicant’s special leave application complained of errors of law, jurisdictional error 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. The application raises no question of law that would justify the grant of special leave to appeal. Nor is there reason to doubt the correctness of the decision of the Federal Court.

An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 8.55 AM THE MATTER WAS CONCLUDED