NATF v MIMIA

[2005] HCATrans 221

[2005] HCATrans 221

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S330 of 2004

B e t w e e n -

NATF

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 CANBERRA ON THURSDAY, 21 APRIL 2005, AT 9.34 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the applicant’s claim that he was an “Ahmadi”, or Ahmadiyya Muslim.  Taking into account the unexplained irregularities in the applicant’s evidence, the Tribunal concluded that he was an “impostor”.  The Tribunal further found that even if the applicant were an Ahmadiyya Muslim, he did not face a real risk of persecution in his country of nationality, Bangladesh.  The Federal Court held that these matters of fact were entirely for the Tribunal to decide.

The applicant does not now seek to agitate any matters of law, but again challenges the Tribunal’s conclusions of fact. 

The application does not raise any question of law.

The application for special leave is dismissed.

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

AT 9.34 AM THE MATTER WAS CONCLUDED