SZALB v MIMIA

[2005] HCATrans 211

[2005] HCATrans 211

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S242 of 2004

B e t w e e n -

SZALB

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 9.31 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 that he was involved in the Freedom Party, and that the applicant did not have a well founded fear of persecution for a Convention reason.

The Federal Magistrates Court found that the Tribunal did not make a jurisdictional error and was entitled to make the findings of fact as to the applicant’s credibility.

The Federal Court dismissed an appeal on the ground that the Tribunal did not fail to take into account the appellant’s evidence nor investigate the appellant’s case.

The applicant’s special leave application complained of jurisdictional error, error of law and a breach of procedural fairness. 

An appeal has no prospects of success.

The application is dismissed.

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.  I publish our joint reasons.

AT 9.32 AM THE MATTER WAS CONCLUDED