SZAKU v MIMIA

[2005] HCATrans 214

[2005] HCATrans 214

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S272 of 2004

B e t w e e n -

SZAKU

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, 21 APRIL 2005, AT 9.32 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi, for a protection visa on the grounds that the applicant fabricated his claims.

The Federal Magistrates Court found that the application for review disclosed no reasonable cause of action, and that the Tribunal made no error of law or jurisdictional error. The Magistrate ordered the applicant to pay indemnity costs of $4,500.

The Federal Court dismissed an appeal on the ground that no error in the reasoning of the decision of the Federal Magistrates Court had been demonstrated and ordered the applicant to pay indemnity costs from having appealed from such an emphatic finding below.

The applicant’s special leave application complained of errors of law and procedural errors.  The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis.

An appeal has no prospects of success.

The application is dismissed.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 9.32 AM THE MATTER WAS CONCLUDED