SZAXY v MIMIA

[2005] HCATrans 410

[2005] HCATrans 410

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S64 of 2005

B e t w e e n -

SZAXY

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 9.43 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a citizen of Bangladesh.  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 was satisfied that the applicant had had some involvement in Bangladeshi student politics, but disbelieved other elements of his claims relating to the harm he claimed to have suffered.  The Tribunal concluded that his “profile as a political activist is not sufficient to lead to a real chance of his being subjected to Convention-[related] persecution on return to Bangladesh”.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as no jurisdictional error in the decision of the Tribunal had been demonstrated.  An appeal to the Federal Court (Wilcox J) was dismissed.

The applicant’s written case raises no arguable grounds for the grant of special leave.  There are no prospects of success in any appeal to this Court from 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 9.44 AM THE MATTER WAS CONCLUDED