SZBNQ v MIMIA

[2005] HCATrans 1021

[2005] HCATrans 1021

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S394 of 2005

B e t w e e n -

SZBNQ

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 DECEMBER 2005, AT 9.35 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claims to fear political persecution. His claim for a protection visa was rejected by the Refugee Review Tribunal. The Tribunal accepted that the applicant had been involved in some political activity but found on the basis of the applicant’s own evidence that his activities and the harm he feared did not give rise to a well-founded fear of persecution. The applicant did not have a significant political profile in Bangladesh, and either the harm he feared was not serious harm within the meaning of s 91R(1)(b) of the Migration Act 1958 (Cth) (“the Act”) or there was too remote a possibility that the feared harm would eventuate. Furthermore, the Tribunal found that the applicant’s political activities were highly localised and he would readily be able to relocate within Bangladesh.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court as demonstrating no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court was dismissed by Hely J. The reasons of the Federal Magistrate and of Hely J were careful and detailed and demonstrated in particular that no breach of either s 424A or s 418 of the Act had occurred.

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 9.37 AM THE MATTER WAS CONCLUDED