SZAZD v MIMIA

[2005] HCATrans 469

[2005] HCATrans 469

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S156 of 2005

B e t w e e n -

SZAZD

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 1 AUGUST 2005, AT 3.08 PM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claims to be entitled to refugee status on account of having a well-founded fear of persecution for reasons of political opinion.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal described the applicant’s evidence as “weak, inconsistent and unconvincing”, and rejected his specific factual claims to have suffered harm at the hands of his political adversaries.  As a result it found that even if the applicant “was involved in political activity in Bangladesh there is insufficient reliable evidence on which to conclude that such activity would place him at any risk of persecution in the future.”  The Tribunal further referred extensively to independent country information and observed that, following a change in government, there was “no evidence that the present government is seeking to harm former or present Freedom Party activists”.  The Tribunal was therefore unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application.  It stressed the significance of findings by the Tribunal on matters of credit and held that no jurisdictional error by the Tribunal was apparent on the material before the Court.  An appeal to the Federal Court was dismissed by Emmett J.

We have considered 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 Federal Court to warrant a grant of special leave.  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 the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 3.10 PM THE MATTER WAS CONCLUDED