SZIKG v MIAC & Anor

[2008] HCATrans 110

[2008] HCATrans 110

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S310 of 2007

B e t w e e n -

SZIKG

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 9.44 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh.  He arrived in Australia on 21 July 2005 and on 31 August 2005 a delegate of the first respondent refused his application for a protection visa.  The Refugee Review Tribunal rejected the application for review of the decision of the delegate of the first respondent on 18 January 2006.  The Tribunal did not accept the applicant’s claim to have been persecuted for being a supporter of the Awami League.  The Tribunal put its concerns before the applicant and found his responses to be vague and unimpressive.

In the Federal Magistrates Court, Raphael FM agreed with the applicant that there had been a technical breach of s 424A of the Migration Act 1958 (Cth), as a notice had not been sent in accordance with that section. His Honour upheld the decision of the Tribunal because there was no treatment of a kind to cause protection obligations to be owed to the applicant.

In the Federal Court, the applicant was unable to identify any question of law vitiating the reasoning of the Federal Magistrate or the Tribunal.  Tracey J dismissed his appeal on 24 May 2007.

The applicant’s prospects of success in this Court are not sufficient to support a grant of special leave to appeal.  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 9.46 AM THE MATTER WAS CONCLUDED