SZCWW v MIAC & Anor

[2007] HCATrans 669

[2007] HCATrans 669

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S81 of 2007

B e t w e e n -

SZCWW

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

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 NOVEMBER 2007, AT 9.23 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant, a citizen of Bangladesh, arrived in Australia on 22 November 1996.  On 23 June 1997 a delegate of the first respondent refused the applicant's visa.  The applicant claimed to be a member of the Sarbahara Party and to fear persecution from the police and members of various political parties in Bangladesh.  The Refugee Review Tribunal ("the Tribunal") rejected the applicant's claims to fear persecution, finding them to be implausible.

On 12 October 2006 Emmett FM dismissed the application for review of the Tribunal's decision.  Her Honour found that, inter alia, there had been no denial of procedural fairness, no constructive failure to exercise jurisdiction and no jurisdictional error.

Downes J dismissed the applicant's appeal to the Federal Court on 16 February 2007.  The applicant's grounds for appeal sought the review of findings of fact, or were so lacking in particularity as to be general statements to the effect that the factual findings and conclusions of the Tribunal were wrong.

In his draft notice of appeal the applicant makes unparticularised assertions which fail to demonstrate jurisdictional error on the Tribunal's behalf.  The applicant's case before this Court discloses no question of law that would justify a grant of special leave, and shows no cause to doubt the correctness of the decisions below.  There are no prospects of success on any appeal to this Court.  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 Justice Kiefel and myself.

AT 9.25 AM THE MATTER WAS CONCLUDED