SZAQR v MIMIA

[2005] HCATrans 399

[2005] HCATrans 399

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S360 of 2004

B e t w e e n -

SZAQR

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 16 JUNE 2005, AT 9.27 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh born in 1958.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal found that the applicant’s claims were implausible and that the applicant was not a truthful or credible witness.  Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution for a Convention reason should he return to Bangladesh.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court. That Court dismissed the application because no jurisdictional error in the Tribunal’s decision had been shown. An appeal to the Federal Court was dismissed by Emmett J. His Honour held that the Federal Magistrate had not erred in the treatment of grounds turning upon s 424A of the Migration Act 1958 (Cth) and alleged denial of natural justice by the Tribunal.

We have considered the parties’ written submissions and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There are insufficient prospects of success in any appeal to this Court from the decision of the Federal Court.  Accordingly, special leave to appeal 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 for special leave with costs.

AT 9.28 AM THE MATTER WAS CONCLUDED