SZATR v MIMIA

[2005] HCATrans 483

[2005] HCATrans 483

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S79 of 2005

B e t w e e n -

SZATR

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, 4 AUGUST 2005, AT 9.25 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a national of Bangladesh.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution arising from imputed political opinion and membership of a social group.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  Before the Tribunal, the applicant claimed that his brother had been murdered in Bangladesh, that there had been a political dimension to the murder, as it had occurred during a fight between two rival political gangs, and that his family had been harassed as they tried without success to have the police investigate that killing.  The Tribunal rejected the last of these claims on the basis of discrepancies in the applicant’s statements concerning the reason for the continued harassment of his family.

The applicant sought under s 39B of the Judiciary Act 1903 (Cth) review of the Tribunal’s decision in the Federal Magistrates Court. The Court dismissed his application on the basis that the applicant was in effect seeking a mere merits review of the Tribunal’s decision. An appeal to the Federal Court (Moore J) was subsequently dismissed.

We have reviewed the applicant’s written case 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. 

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

AT 9.27 AM THE MATTER WAS CONCLUDED