SZFEG v MIMIA & Anor

[2006] HCATrans 189

[2006] HCATrans 189

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S526 of 2005

B e t w e e n -

SZFEG

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
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.40 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who claims to fear political persecution.  His claim for a protection visa was rejected by the Refugee Review Tribunal.  The Tribunal found the applicant not to be a credible witness due to inconsistencies between his original claims and his evidence before the Tribunal and due to the applicant’s inability to provide detailed evidence concerning key claims.  It also found, on the basis of those inconsistencies and with reference to independent country information, that specific instances of violence the applicant claimed to have suffered at the hands of “a criminal element” would have been for the essential and significant reason that the applicant was thought to be wealthy, and thus not for a Convention reason.

The Federal Magistrates Court dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court was dismissed by Jacobson J. In particular, his Honour found that there had been no breach of s 424A(1) of the Migration Act 1958 (Cth) through the Tribunal’s failure to disclose to the applicant in writing particulars of material contained in the applicant’s protection visa application which was inconsistent with his claims at the Tribunal hearing.

There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave.  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 Heydon J and myself.

AT 9.42 AM THE MATTER WAS CONCLUDED