NAXD v MIMIA

[2005] HCATrans 494

[2005] HCATrans 494

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S358 of 2004

B e t w e e n -

NAXD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 AUGUST 2005, AT 9.46 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh who arrived in Australia in 2002 on a temporary business visa.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution on the grounds that he was actively involved in the Awami League, that he is a Hindu and that he is a supporter of the feminist author, Taslima Nasrin.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal rejected the applicant’s claims that he was on the run from the authorities in Bangladesh, that he was subject to false charges and that he was an officeholder within the Awami League.  The Tribunal also pointed to the applicant’s failure to specify instances during which he was persecuted for reasons of his religion.

The applicant sought review of the Tribunal’s decision in the Federal Court. That application was dismissed by Madgwick J.  An appeal to the Full Court (North, Dowsett and Conti JJ) was also dismissed. 

The applicant now seeks special leave to appeal to this Court, arguing chiefly that the Tribunal’s fact‑finding process was unreasonable.  We have reviewed the parties’ submissions and the decisions of the Tribunal, of Madgwick J and of the Full Court of the Federal Court.  There are insufficient prospects of success in any appeal to this Court from the Full Court.  Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.48 AM THE MATTER WAS CONCLUDED