NAOP v MIMIA

[2005] HCATrans 199

[2005] HCATrans 199

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S166 of 2004

B e t w e e n -

NAOP

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 FRIDAY, 8 APRIL 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse the applicant’s protection visa application.  The Tribunal did not believe the applicant’s claims that he was a member of the Jatiya Party and thus that he would be subject to persecution by reason of his membership of the party should he return to Bangladesh.

The applicant sought review of the Tribunal’s decision by the Federal Magistrates Court.  The learned Federal Magistrate dismissed the application for review holding that no jurisdictional error had been committed by the Tribunal.  An appeal to a single judge of the Federal Court was dismissed for the same reasons.

In this Court the applicant’s summary of argument appears to rely on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601. However, the facts here are not analogous to those involved in Muin.  No other error is disclosed in the treatment of the case in the Federal Court.  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 with costs this application for special leave.

I publish the disposition signed by Justice Kirby and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED