SZANJ v MIMIA

[2005] HCATrans 533

[2005] HCATrans 533

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S436 of 2004

B e t w e e n -

SZANJ

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.57 AM

Copyright in the High Court of Australia

McHUGH J:   This is an application for special leave to appeal from the decision of Tamberlin J, dismissing an appeal from the decision of a Federal Magistrate, given on 18 March 2003, refusing to grant an application for review of a decision of the Refugee Review Tribunal, which upheld the decision of the Minister’s delegate not to grant a protection visa to the applicant.

The applicant is a citizen of Bangladesh.  He claims to fear persecution on the basis of his political involvement with the Awami League. 

The applicant’s submissions are pro forma.  Tamberlin J’s decision makes it clear that the applicant’s submissions in the Federal Court proceedings were also pro forma.  In fact, in that Court they contained the claim that the applicant feared persecution on the basis of “being a woman” if he returned to Bangladesh.  The applicant is a male. 

In the absence of submissions that have any bearing upon the case at hand, it is very difficult for the Court to ascertain the basis upon which the applicant seeks a grant of special leave.  In this case, there is nothing in the Tribunal’s reasons, or the reasons of the Courts below, to indicate any error that would justify the intervention of this Court.  The applicant seeks to re‑argue questions of fact.  That is not a basis for a grant of special leave to appeal to this Court.  As this application raises no arguable question of law, it must be dismissed.

The application for special leave is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 8.57 AM THE MATTER WAS CONCLUDED