SZDBT v MIMIA

[2005] HCATrans 647

[2005] HCATrans 647

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S238 of 2005

B e t w e e n -

SZDBT

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.39 AM

Copyright in the High Court of Australia

McHUGH J:   The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi national, for a protection visa on the basis of findings that the applicant fabricated claims as to events that occurred in Bangladesh for the sole purpose of providing a basis for a protection visa application and forged documents.

The Federal Magistrates Court held that the applicant’s grounds for review failed to particularise any error of law or of fact that arose out of the Tribunal’s decision or its procedures.

The Federal Court held that there were no grounds on which the Tribunal’s decision could be reviewed.  The Court also refused to grant the applicant leave to file and rely on an ‘Amended Notice of Appeal’ that the applicant handed to Wilcox J on the morning of the hearing of the appeal.

The applicant’s special leave application complained of errors of law and procedural errors.  The applicant also relied on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The appeal has 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 this application.  I publish our joint reasons.

AT 9.39 AM THE MATTER WAS CONCLUDED