SZAKH v MIMIA

[2005] HCATrans 201

[2005] HCATrans 201

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S278 of 2004

B e t w e e n -

SZAKH

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 FRIDAY, 8 APRIL 2005, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh. He seeks special leave to appeal against a decision of a single judge of the Federal Court. His Honour dismissed an appeal from the decision of the Federal Magistrates Court in turn dismissing an application under s 39B of the Judiciary Act 1903 (Cth) for relief directed to the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister to refuse the grant of a protection visa upon the ground that the applicant was not a credible witness and that it did not believe he was a member of the Bangladesh Freedom Party.

The Federal Court and the Federal Magistrates Court held that the allegations of lack of procedural fairness and bias were not made out and thus no jurisdictional error had been shown. 

In this Court the applicant appears also to rely on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601. However, the facts here are not analogous to those involved in Muin.  No other error is disclosed in the treatment of the case in the Federal Court.  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 this application with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.31 AM THE MATTER WAS CONCLUDED