NAKL v MIMIA

[2005] HCATrans 403

[2005] HCATrans 403

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S337 of 2004

B e t w e e n -

NAKL

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.33 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh.  He claims to be entitled to refugee status by reason 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 disbelieved important aspects of the applicant’s claims, chiefly on the basis that the applicant’s evidence lacked credibility.  The Tribunal was not satisfied that there was a real chance that the applicant would experience persecution for a Convention reason 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.  That Court dismissed the application because no jurisdictional error in the decision of the Tribunal had been shown.  An application for extension of time in which to appeal to the Federal Court was dismissed by Hely J.  His Honour held that, having regard to the proposed grounds of appeal, any appeal would be futile.  The applicant seeks special leave to appeal from that decision.

There are no prospects of success in any appeal to this Court against the decision of Hely J.  We add that we have considered the decision of the Federal Magistrates Court against which the appellant sought to appeal to the Federal Court, and that no error is apparent in that decision.  Special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.35 AM THE MATTER WAS CONCLUDED