SZASH v MIMIA

[2005] HCATrans 251

[2005] HCATrans 251

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S3 of 2005

B e t w e e n -

SZASH

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 9.23 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 did not believe that he faced a well-founded fear of persecution by reason of his political opinion.

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 that application because no jurisdictional error in the decision of the Tribunal had been shown.  An appeal to the Federal Court (Whitlam J) was dismissed.

We have considered the applicant’s written submissions and the decisions of the Tribunal and the courts below and 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 9.24 AM THE MATTER WAS CONCLUDED