NANH v MIMIA

[2005] HCATrans 529

[2005] HCATrans 529

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S408 of 2004

B e t w e e n -

NANH

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 8.56 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a citizen of Bangladesh.  He claims to have a well-founded fear of persecution by reason of his political affiliation and beliefs.  He arrived in Australia on 24 December 2000 and lodged an application for a protection visa on 9 January 2001.  On 8 March 2001, a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs rejected the application.  On 11 March 2003, the Refugee Review Tribunal affirmed the delegate’s decision.  On 16 September 2004, the Federal Court dismissed an appeal against the decision of the Federal Magistrates Court, dismissing the applicant’s application for review of the Tribunal’s decision.  The applicant now seeks special leave to appeal against the decision of the Federal Court. 

The applicant’s submissions with respect to the decisions of the Courts below do not raise any issue of law.  They amount to no more than an assertion that the Tribunal erred in rejecting his various claims.  Questions relating to factual findings of the sort made by the Tribunal in this case do not give rise to any question that would warrant a grant of special leave to appeal.  Accordingly, the application for special leave must be dismissed.

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

AT 8.56 AM THE MATTER WAS CONCLUDED