SZAJV v MIMIA

[2005] HCATrans 904

[2005] HCATrans 904

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S451 of 2004

B e t w e e n -

SZAJV

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 WEDNESDAY, 9 NOVEMBER 2005, AT 9.38 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia in November 1998.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution on account of his political activities as a member of the student wing of the Bangladeshi National Party.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  Although the Tribunal accepted that the applicant had participated in student politics in Bangladesh, and that there he had been involved in some violence, it did not accept that the applicant was of any ongoing interest to the Bangladeshi authorities or that he had suffered any serious harm as a result of his political activities.  Furthermore, since the Bangladeshi National Party was then the ruling party and was unlikely to cease to be such before the next general election, there was no reason why its supporters were unable openly to be involved in political activity.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as incompetent for having been lodged out of time, and as disclosing no jurisdictional error in the Tribunal’s decision.  A purported appeal to the Federal Court was treated as an application for leave to appeal and was dismissed by Madgwick J.

We have considered the parties’ written submissions and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  An appeal to this Court from the Federal Court would have insufficient prospects of success to warrant a grant of special leave to appeal.  Accordingly, 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 the application for special leave with costs.  I publish the disposition signed by Kirby J and myself.

AT 9.40 AM THE MATTER WAS CONCLUDED