SZAQV v MIMIA

[2005] HCATrans 248

[2005] HCATrans 248

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S528 of 2004

B e t w e e n -

SZAQV

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 WEDNESDAY, 27 APRIL 2005, AT 9.18 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh who claims to be entitled to refugee status by reason 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 accepted that the applicant had engaged in some political activity in Bangladesh, but it was not satisfied that there was a real chance that he would experience serious harm amounting to persecution for a Convention reason should he return to Bangladesh.  Further, the Tribunal did not believe the applicant’s claim that he was the subject of a false charge which, in his absence, resulted in a conviction and sentence of life imprisonment which would be implemented should he return to Bangladesh.

Pursuant to section 39B of the Judiciary Act 1903 (Cth) the applicant sought review of the Tribunal’s decision by the Federal Magistrates Court. That court dismissed the application because no jurisdictional error in the decision of the Tribunal had been shown. An appeal to the Federal Court (Hely J) was dismissed.

We have considered the applicant’s written submissions and the decisions of the Tribunal and the courts below.  We are of the view that there is no error shown in the decision of the Federal Court. Accordingly special leave to appeal is refused.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.20 AM THE MATTER WAS CONCLUDED