SZBCB v MIMIA

[2006] HCATrans 93

[2006] HCATrans 093

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S481 of 2005

B e t w e e n -

SZBCB

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.48 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant claims to be a stateless person who is a Bihari Muslim.  He claimed, as a Bihari, to fear persecution if returned to Bangladesh.  The Refugee Review Tribunal rejected the applicant’s credibility and his claims of Bihari activism.  It found that he was a Bangladeshi with a valid Bangladeshi passport.  It found that he had frequently travelled out of and into Bangladesh without problems, and that he had no well-founded fear of persecution. 

An application for judicial review to the Federal Magistrates Court failed because the Tribunal was not shown to have fallen into any jurisdictional error.  The Federal Court of Australia dismissed an appeal.

There are insufficient prospects of success to justify the grant of special leave.  Special leave 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 Heydon J and myself.

AT 9.49 AM THE MATTER WAS CONCLUDED