NAPD v MIMIA

[2005] HCATrans 836

[2005] HCATrans 836

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S324 of 2005

B e t w e e n -

NAPD

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, 7 OCTOBER 2005, AT 9.06 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi national, for a protection visa because the Tribunal found that the applicant did not face any risk of persecution upon his return to Bangladesh by reason of his past opposition to the Awami League.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal, and that the Tribunal did not fall into jurisdictional error, as the Tribunal did not err in failing to anticipate that the Awami League would be re-elected to government or in failing to consider a part of the applicant’s claim.

The Federal Court dismissed an appeal on the grounds that the Tribunal did not fail to consider the applicant’s case and that no jurisdictional error in the decision of the Tribunal was discernable.

The applicant’s special leave application complained of errors of law and jurisdictional error. The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has no prospects of success.

The application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.06 AM THE MATTER WAS CONCLUDED