SZBBM v MIMIA

[2005] HCATrans 909

[2005] HCATrans 909

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S279 of 2005

B e t w e e n -

SZBBM

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 WEDNESDAY, 9 NOVEMBER 2005, AT 9.48 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia in November 2001.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal accepted that the applicant had had some involvement in Bangladeshi politics but disbelieved the applicant’s claims to have been an office-bearer in several political parties.  The Tribunal formed the view that “the applicant’s involvement in politics was at a very low level” and so he would not have a political profile which would result in mistreatment by members of other political factions.  The Tribunal was 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 as demonstrating no basis for judicial review.  An appeal to the Federal Court (Madgwick J) was dismissed.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrate and Madgwick J.  There would be 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 9.49 AM THE MATTER WAS CONCLUDED