NAUE v MIMA & Anor

[2007] HCATrans 31

[2007] HCATrans 031

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S236 of 2006

B e t w e e n -

NAUE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 8 FEBRUARY 2007, AT 9.19 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claims to fear persecution on the basis of his active membership of the Jatiya Party.  The Refugee Review Tribunal (“the Tribunal”) found that the applicant’s claims lacked important details, and were inconsistent and unconvincing.  It found that documents in support of his activities were fraudulent and that he was not a credible witness.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  Driver FM considered the previous litigation in relation to the same Tribunal decision, including the refusal of special leave in this Court by Hayne and Callinan JJ on 17 November 2005.  Driver FM ruled that there was no reason to re‑open the questions decided in the previous litigation, but also rejected the grounds in the present application as being devoid of merit.  In the Federal Court, Moore J ruled that there had been no error in the approach of Driver FM.

The applicant’s written case has not addressed the threshold issues of abuse of process that arises via his second appeal from the Tribunal’s decision.  No error of law has been shown in the decision of the Federal Magistrates Court or Federal Court in this set of proceedings.  There would be no prospects of success on any appeal to this Court from the Federal Court.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.21 AM THE MATTER WAS CONCLUDED