SZBJM v MIMIA

[2005] HCATrans 79

[2005] HCATrans 079

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S121 of 2004

B e t w e e n -

SZBJM

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 CANBERRA ON THURSDAY, 3 MARCH 2005, AT 9.40 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the applicant's claim to fear persecution on political grounds if returned to Bangladesh for various factual reasons.

Emmett J dismissed an application to the Federal Court for judicial review. 

The Full Court dismissed an appeal:  inter alia, it distinguished the case from Muin v Refugee Review Tribunal (2002) 76 ALJR 966.

This Court (Hayne and Callinan JJ) dismissed an application for special leave to appeal on 8 August 2003.

On 1 September 2003, the applicant applied to the Federal Magistrates Court for review of the Tribunal's decision.  It dismissed the application as an abuse of process.

Madgwick J dismissed an appeal for the same reason.

An appeal to this Court would have no prospects of success.

The application for special leave is dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.40 AM THE MATTER WAS CONCLUDED