SZBAE v MIMIA

[2005] HCATrans 212

[2005] HCATrans 212

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S295 of 2004

B e t w e e n -

SZBAE

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 CANBERRA ON THURSDAY, 21 APRIL 2005, AT 9.32 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 on the grounds that the applicant fabricated his claims that he was a member of the political parties Chattra Samaj and Jatiya Party (“JP”).  The Tribunal also held that, even if he was a member, it was implausible that the governing party would have had any adverse interest in the applicant upon his return to Bangladesh from Saudi Arabia in 2001.

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal. The Federal Magistrates Court found no procedural unfairness or jurisdictional error and rejected claims that the Tribunal had acted in bad faith or with actual bias.

The Federal Court dismissed the applicant’s appeal against the order of the Federal Magistrates Court on the ground that the Tribunal’s decision was not induced or affected by bad faith or actual bias and did not involve any procedural unfairness.

The applicant’s special leave application complained of errors of law, a failure to review the evidence and procedural unfairness or bias.  The applicant also relied on Muin v Refugee Review Tribunal, (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. However, nothing in the application for special leave gives any ground for supposing that an appeal has any prospect of success.

The application must be dismissed.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 9.32 AM THE MATTER WAS CONCLUDED