SZBHO v MIMIA

[2005] HCATrans 692

[2005] HCATrans 692

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S219 of 2005

B e t w e e n -

SZBHO

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 THURSDAY, 8 SEPTEMBER 2005, AT 9.36 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  He arrived in Australia in 2001 and claims to be entitled to refugee status by reason of a well-founded fear of persecution at the hands of the Bangladesh Nationalist Party (“the BNP”) on grounds of his involvement in the Awami League. 

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal was not satisfied that the applicant was involved in the Awami League either as a member or as an office bearer and concluded that he did not have a profile which would result in mistreatment by members of the BNP or by the present government of Bangladesh if he returned there.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court.  Giving detailed reasons, the Court dismissed his application on the basis that the applicant had not shown jurisdictional error in the Tribunal’s decision.  The applicant subsequently appealed from this decision to the Federal Court.  As he made no appearance at the hearing on 8 February 2005, the Court (Madgwick J) dismissed the appeal.  An application to set aside this order was thereafter also dismissed.  His Honour said there appeared to be no prospect of a seriously arguable case being put before the Court.

We have reviewed the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and Madgwick J in the Federal Court.  It is apparent from the applicant’s written case that he seeks, in large part, to reopen the Tribunal’s findings of fact.  There are no prospects of success in any appeal to this Court.  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 this application for special leave.  I publish that disposition signed by Kirby J and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED