SZBUN v MIMIA & Anor

[2006] HCATrans 290

[2006] HCATrans 290

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S594 of 2005

B e t w e e n -

SZBUN

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 ACJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 13 JUNE 2006, AT 9.31 AM

Copyright in the High Court of Australia

GUMMOW ACJ:   The applicant, a citizen of Bangladesh, claimed to be a Bihari who had been persecuted on that ground in Bangladesh.  The Refugee Review Tribunal affirmed the decision by a delegate of the first respondent to refuse a protection visa.  It found that the applicant’s evidence was not credible and that he had fabricated his claims. 

The Federal Magistrates Court (Driver FM) dismissed an application for judicial review on the ground that the Tribunal’s decision was free of jurisdictional error. 

The Federal Court of Australia (Stone J) dismissed an appeal on the ground that the applicant made only “vague and unspecified allegations that are meaningless in the absence of specific connection to the Tribunal’s reasons”, and that there was no such connection.  The same is true of the applicant’s application for special leave to appeal to this Court, the draft Notice of Appeal, and the written case. 

An appeal would have no 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 the disposition signed by Heydon J and myself.

AT 9.32 AM THE MATTER WAS CONCLUDED