SZBCD v MIMIA

[2005] HCATrans 547

[2005] HCATrans 547

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S167 of 2005

B e t w e e n -

SZBCD

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 9.00 AM

Copyright in the High Court of Australia

McHUGH J:   This is an application for special leave to appeal against the decision of Moore J of the Federal Court, given on 8 April 2005.  His Honour dismissed an appeal against the decision of a Federal Magistrate, given on 9 December 2004, confirming a decision of the Refugee Review Tribunal to affirm the decision of the Minister’s delegate to refuse the applicant’s application for a protection visa. 

The applicant is a citizen of Bangladesh and a Muslim.  He claims to fear persecution by reason of his political opinion and membership of the Awami League.  He is a medical practitioner, and claims that he has been accused of performing abortions, and that he will face persecution as a result of these accusations.  He claims that his family has told him that he will be found and killed by the BNP if he returns to any part of Bangladesh.  

After setting out the basic facts of his claim, the applicant’s submissions revert to the pro forma arguments with which this Court has become familiar.  None of these arguments relate in any detail to the decisions that the applicant seeks to impeach.  They are not of any assistance to his application.

Upon consideration of the decisions of the Tribunal and the Courts below, there is nothing to suggest that any error of law has been committed.  The applicant seeks to re-argue questions of fact.  That is not a basis for a grant of special leave to appeal.  Accordingly, the application for special leave must be refused.

The application for special leave is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 9.00 AM THE MATTER WAS CONCLUDED