SZBAQ v MIMIA

[2005] HCATrans 481

[2005] HCATrans 481

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S87 of 2005

B e t w e e n -

SZBAQ

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, 4 AUGUST 2005, AT 9.22 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a national of Bangladesh.  He claims to be entitled to refugee status by reason of a well-founded fear of persecution on the ground that he is a prominent member of the Jatiya Party.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  While it accepted that the applicant had had some basic involvement in the activities of the Jatiya Party and that the political situation in Bangladesh can be volatile, the Tribunal rejected the applicant’s claims that he had a high political profile, that a false charge of murder was made against him and that he had been attacked, beaten and seriously injured because of his political opinions.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed her application on the basis that the applicant had not shown jurisdictional error in the Tribunal’s decision.  The Federal Court (Hely J) thereafter dismissed an appeal from this decision.

We have reviewed 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 decision of 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 9.23 AM THE MATTER WAS CONCLUDED