SZAHH & Ors v MIMIA

[2005] HCATrans 135

[2005] HCATrans 135

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S133 of 2004

B e t w e e n -

SZAHH

First Applicant

SZAHI

Second Applicant

SZAHJ

Third Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.37 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The applicants are husband and wife and their son.  They are citizens of Bangladesh.  The Refugee Review Tribunal affirmed the decision not to grant protection visas.  The Tribunal did not accept that such threats as may have been made against the male adult applicant could not be avoided by relocation elsewhere in Bangladesh.  The Tribunal noted that the male adult applicant has language skills and tertiary education and, from his own account, the backing of a well‑off family.

In the Federal Court, a single judge of which dealt with an appeal from the dismissal of a review application by a Federal Magistrate, it was held that no error had been made by the Federal Magistrate or, indeed, by the Tribunal.

There are insufficient prospects of success to warrant a grant of special leave.  Special leave 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 with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED