SZBOB v MIMIA

[2005] HCATrans 914

[2005] HCATrans 914

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S314 of 2005

B e t w e e n -

SZBOB

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

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.57 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia in May 2001.  He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa.  The Tribunal accepted that the applicant had been involved in Bangladeshi politics, but observed that the political situation in Bangladesh had changed since the applicant arrived in Australia, such that the applicant’s political party was now the ruling party.  As a result of this, the applicant’s political opponents were no longer a threat to him.  The Tribunal was unable to be satisfied on the material before it that the applicant had a well‑founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court.  That Court dismissed the application as demonstrating no basis for judicial review.  An appeal to the Federal Court (Hill J) was dismissed.

The applicant’s written case is a pro forma document which provides no assistance to the Court in identifying jurisdictional error in the decision of the Tribunal or any error on the part of the Federal Court.  We have nevertheless considered the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court.  There would be insufficient prospects of success in any appeal to this Court from the Federal Court to warrant a grant of special leave.  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 the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 9.59 AM THE MATTER WAS CONCLUDED