SZBMC v MIAC & Anor

Case

[2008] HCATrans 47

No judgment structure available for this case.

[2008] HCATrans 047

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S260 of 2007

B e t w e e n -

SZBMC

Applicant

and

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 7 FEBRUARY 2008, AT 9.26 AM

Copyright in the High Court of Australia

HEYDON J:   The applicant is a citizen of Bangladesh.  The Refugee Review Tribunal upheld the decision of a delegate of the first respondent to refuse a protection visa.  The applicant claimed to fear persecution on the ground of his association with the Bangladesh Nationalist Party.  The Tribunal rejected the claim largely on credit grounds.  Claims to fear persecution because of the applicant's support of a feminist author and because of being a performer of traditional folk music were also rejected.

Emmett FM dismissed an application for judicial review on the ground that no jurisdictional error had been established.  The Federal Court of Australia (Tamberlin J) dismissed an appeal.

The documents filed in support of the applicant's application for special leave to appeal to this Court do not advance any reason for supposing that an appeal would have prospects of success.  The application is dismissed.

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 that disposition signed by Kirby J and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Natural Justice

  • Procedural Fairness

  • Standing

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