SZAEZ of 2003 v MIMIA

[2005] HCATrans 76

[2005] HCATrans 076

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S38 of 2004

B e t w e e n -

SZAEZ OF 2003

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, 3 MARCH 2005, AT 9.39 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant is a national of Bangladesh.  The Refugee Review Tribunal rejected a claim that the applicant feared political persecution, partly because of a concession by the applicant, partly on country information grounds, and partly because the applicant supplied false documents. 

The Federal Magistrates Court refused an application for judicial review because it found no jurisdictional error.

The Federal Court (Hely J) reached the same conclusion.  In particular, he rejected a contention that Muin v Refugee Review Tribunal (2002) 190 ALR 601 applied, because it had no factual foundation.

The applicant's application for special leave to appeal repeats that contention, and other pro forma claims of jurisdictional error, error of law, breach of procedural fairness, and ignoring of evidence. 

An appeal would have no prospects of success. 

The application is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.39 AM THE MATTER WAS CONCLUDED