SZAZQ v MIMIA

[2005] HCATrans 820

[2005] HCATrans 820

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S322 of 2005

B e t w e e n -

SZAZQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.29 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, who is a citizen of Bangladesh, claimed to have a well-founded fear of persecution for a Convention reason:  that he is the subject of a fatwa instigated principally by his father-in-law by reason of his entry into a mixed marriage.  His claims were rejected by the Refugee Review Tribunal which found itself unable even to conclude that the applicant was married.  Neither a Federal Magistrate nor a judge of the Federal Court exercising the appellate jurisdiction of that Court, from which this application for special leave is brought, could detect any jurisdictional or like error on the part of the Refugee Review Tribunal, and nor can we.

The application for special leave to appeal to this Court must accordingly be dismissed. Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.30 AM THE MATTER WAS CONCLUDED