SZAYM v MIMIA

[2005] HCATrans 540

[2005] HCATrans 540

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S121 of 2005

B e t w e e n -

SZAYM

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.58 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi, for a protection visa because the Tribunal was not satisfied that the applicant had a significant involvement in the campaign of an Awami League candidate in local election campaigns, that he did not suffer any harm or threats of harm as a result of any involvement in that campaign and that the applicant was targeted by the BNP after organising an Awami League rally.  The Tribunal found that the applicant was not a truthful witness.

The Federal Magistrates Court held that there was no evidence to support any of the applicant’s grounds of judicial review.

The Federal Court held that the factual findings that the Tribunal reached were open to the Tribunal, that the Tribunal did not breach the rules of natural justice or s 424A of the Migration Act 1958 (Cth) by failing to give the applicant details of the Tribunal’s “potential findings” and that no other ground of appeal cast doubt on the decision of the Federal Magistrate.

The applicant’s special leave application complained that the Tribunal did not find sufficient evidence in relation to the applicant’s claim, that the decision was affected by the decision of Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, and that the Tribunal fell into procedural error. None of these grounds is substantiated and none is a reason to disturb the decision of the Federal Court. An appeal would have no prospect of success. The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.  I publish our joint reasons.

AT 8.59 AM THE MATTER WAS CONCLUDED