SZBCE v MIMIA

[2005] HCATrans 818

[2005] HCATrans 818

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S313 of 2005

B e t w e e n -

SZBCE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 2005, AT 9.27 AM

Copyright in the High Court of Australia

HAYNE J:   This applicant is a citizen of Bangladesh.  His application for a review by the Refugee Review Tribunal of the refusal by a delegate of the respondent to grant him a protection visa was rejected.  Appeals against that rejection to a Federal Magistrate and to a judge of the Federal Court exercising the appellate jurisdiction of the Court failed because neither was able to discern any jurisdictional or like error on the part of the Tribunal.

The applicant failed before the Tribunal on factual grounds, particularly by reason of the Tribunal’s inability to accept that the applicant was a member of a particular persecuted sect of his religion.  We agree with the Federal Magistrate and the Federal Court that no jurisdictional or like error was made in reaching the decision.

The application for special leave to appeal to this Court from the Federal Court should be dismissed.

Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.28 AM THE MATTER WAS CONCLUDED