NBED v MIMIA

[2005] HCATrans 525

[2005] HCATrans 525

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S37 of 2005

B e t w e e n -

NBED

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, 5 AUGUST 2005, AT 8.55 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Chinese national, for a protection visa because the Tribunal was not satisfied that the applicant was involved in the student movement of 1989 or that the applicant was at risk of persecution upon return to China for having revealed the name of a police commissioner to Australian authorities or for having applied for refugee status in Australia.

The Federal Magistrates Court summarily dismissed the applicant’s application for review, without giving any written reasons.

The Federal Court held that there were no grounds to review the Federal Magistrate’s decision to summarily dismiss the applicant’s application because the Federal Magistrate had had regard to the applicant’s Amended Application and concluded that no reasonable cause of action was disclosed.

The applicant’s special leave application complained that the Federal Magistrates Court had failed to take into consideration the applicant’s Amended Application, which the applicant had filed within the stipulated time.

The applicant raises no ground on which to disturb the decision of the Federal Court.  An appeal would have no prospect of success.  The application must be dismissed.

Under the power conferred by 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 8.55 AM THE MATTER WAS CONCLUDED