SZBDL v MIMIA & Anor

[2005] HCATrans 1025

[2005] HCATrans 1025

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S405 of 2005

B e t w e e n -

SZBDL

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 DECEMBER 2005, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a national of Bangladesh.  He claimed to be a “Kadiani”, ie a Muslim regarded as a heretic by other Muslims, and he claimed to have suffered harassment at school, discrimination in employment and a home invasion on that ground.  After criticising the reliability of the applicant’s oral and documentary evidence, the Refugee Review Tribunal decided that the applicant was not a Kadiani, and that even if he were, he would not face a real chance of persecution.

The Federal Magistrates Court rejected an application for review, since no jurisdictional error had been demonstrated.  In the Federal Court of Australia, Tamberlin J dismissed an appeal on the ground that there was no relevant error in the decision of the Magistrate. 

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  Accordingly the application for 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 9.42 AM THE MATTER WAS CONCLUDED