SZARA v MIMIA

[2005] HCATrans 398

[2005] HCATrans 398

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S231 of 2004

B e t w e e n -

SZARA

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 9.26 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh who arrived in Australia in 2000.  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 considered the applicant not to be a truthful or credible witness, and his evidence to be vague, confused, contradictory and implausible.  The Tribunal therefore rejected the applicant’s claim to be entitled to refugee status.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application on the basis that the applicant had shown no jurisdictional error in the Tribunal’s decision.  The Federal Court (Emmett J) dismissed an appeal.

We have examined the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court, and have considered the parties’ summaries of argument.  There are no prospects of success in any appeal to this Court from 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 9.27 AM THE MATTER WAS CONCLUDED