SZBJW v MIMIA & Anor

[2006] HCATrans 400

[2006] HCATrans 400

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S540 of 2005

B e t w e e n -

SZBJW

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

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 3 AUGUST 2006, AT 1.27 PM

Copyright in the High Court of Australia

KIRBY J:   This applicant who is a citizen of Bangladesh was refused a protection visa by the first respondent. 

In the Refugee Review Tribunal (“the Tribunal”), where he sought a review of that decision, he claimed that he had been attacked and assaulted by thugs belonging to the Awami League on account of his work for the Bangladesh National Party (“BNP”).  One of the difficulties for the applicant was that in a general election in 2001 BNP had been elected to government.  The applicant, when this was pointed out, changed his story by adding a new claim that he feared harm now from a different faction of the BNP. 

The Tribunal found the applicant’s evidence to be contrary and inconsistent.  He moved freely to and from Bangladesh from time to time and could hardly therefore be regarded as a person of adverse interest to the authorities.

Neither the Federal Magistrates Court nor the Federal Court to which he subsequently appealed, and in respect of whose decision he seeks special leave to appeal to this Court, could find any jurisdictional or like error to justify interference with the decision of the Tribunal.  Nor can we.  Accordingly, this application for special leave should be dismissed.

Because the applicant is unrepresented, this application for special leave 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 this application. I publish that disposition signed by Callinan J and myself.

AT 1.28 PM THE MATTER WAS CONCLUDED