NANV v MIMIA

Case

[2005] HCATrans 129

No judgment structure available for this case.

[2005] HCATrans 129

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S77 of 2004

B e t w e e n -

NANV

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 THURSDAY, 10 MARCH 2005, AT 9.31 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  His application for a protection visa was refused and that refusal was affirmed by the Refugee Review Tribunal.  An application for judicial review by the Federal Court was dismissed and an appeal to the Full Court was unsuccessful.  The Full Court held that the decision of the Tribunal had turned upon questions of fact that were open to the Tribunal on the material before it.

There are insufficient prospects of success to warrant a grant of special leave and 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 with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.32 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Native Title

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Procedural Fairness

  • Statutory Construction

  • Natural Justice

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