SZGHL v MIAC & Anor

[2008] HCATrans 102

[2008] HCATrans 102

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S285 of 2007

B e t w e e n -

SZGHL

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 FRIDAY, 29 FEBRUARY 2008, AT 9.31 AM 

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  On 29 April 2005 a delegate of the first respondent refused his application for a protection visa.  The applicant claimed to fear persecution as a Muslim belonging to the Ahmadiyya sect by the majority Sunni Muslims and fundamentalist Islamic parties.  The Refugee Review Tribunal found that the applicant was not a credible witness and was not an Ahmadiyya.  It rejected his application.

On 22 December 2006 Burnett FM dismissed the application for review of the Tribunal's decision.  His Honour considered that the applicant's complaints were merely directed to the merits of the case or were meaningless in the absence of particulars.  There was no failure to comply with the provisions of the Migration Act 1958 (Cth) and the applicant had not been denied procedural fairness. The Federal Court (Marshall J) dismissed an appeal from that decision on 16 May 2007.

The applicant's draft notice of appeal is of a template kind.  It discloses no question of law which would justify special leave to appeal.  The Tribunal's decision does not reveal jurisdictional error.  There is no reason to doubt the correctness of the decisions below.    

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish the disposition signed by Kiefel J and myself.

AT 9.33 AM THE MATTER WAS CONCLUDED