SZDPF v MIMIA & Anor

[2005] HCATrans 545

[2005] HCATrans 545

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S147 of 2005

B e t w e e n -

SZDPF

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 SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 9.00 AM

Copyright in the High Court of Australia

McHUGH J:   This is an application for special leave to appeal against the decision of Sackville J of the Federal Court, given on 14 March 2005.  His Honour dismissed an appeal against the decision of the Federal Magistrates Court.  That decision confirmed a decision of the Refugee Review Tribunal to affirm the decision of the Minister’s delegate to refuse the applicant’s application for a protection visa. 

The applicant is a citizen of Bangladesh.  He is a Tamil and a Muslim.  He claims to fear persecution by reason of his political beliefs.  He claims to be a member of the Awami League.

The application for special leave is pro forma in character.  It relies on Muin v Refugee Review Tribunal (2002) 76 ALJR 966; 190 ALR 601, but without any factual basis. It further alleges actual bias on the part of the Tribunal, and jurisdictional error by the Tribunal, the Federal Court and the Full Federal Court through their reliance upon “agency reports”. In the absence of any particularisation of these allegations, the submissions cannot be seen as anything other than an embarrassment to the Court. Generic submissions of this nature will not assist applicants in their efforts to obtain a grant of special leave to appeal to this Court. The Tribunal found that many of the applicant’s claims were unsubstantiated by any corroborative evidence which, according to country information reports, could have been easily available. In relation to applicant’s other claims, the Tribunal did not accept the applicant’s evidence. There is nothing in the decisions of the Tribunal and the Courts below to suggest that any error of law has been committed. Accordingly, the application for special leave must be refused.

The application for special leave is dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 9.00 AM THE MATTER WAS CONCLUDED