NAJZ v MIMIA

[2005] HCATrans 902

[2005] HCATrans 902

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S76 of 2004

B e t w e e n -

NAJZ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia in November 2000.  He claims to be entitled to refugee status on account of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal rejected the applicant’s claims on the basis of extensive “inadequacies and internal inconsistencies and contradictions”.  In particular, it did not accept that the applicant held several positions, including a senior position, within the Bangladeshi National Party.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Court.  The application was remitted to the Federal Magistrates Court and dismissed as disclosing no jurisdictional error in the Tribunal’s decision.  An appeal to the Federal Court was dismissed by Moore J.

We have considered the parties’ written submissions and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There is no reason to doubt the correctness of the decision of Moore J.  Accordingly, special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave with costs.  I publish the disposition signed by Kirby J and myself.

AT 9.36 AM THE MATTER WAS CONCLUDED