SZJIT v MIAC & Anor

[2008] HCATrans 109

[2008] HCATrans 109

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S304 of 2007

B e t w e e n -

SZJIT

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 9.43 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of Bangladesh who arrived in Australia on 9 March 2004.  On 9 July 2004 a delegate of the first respondent refused the applicant’s application for a protection visa.  The Refugee Review Tribunal affirmed that decision on 14 March 2005.  On 19 April 2006 the Federal Magistrates Court quashed the decision, by consent, and remitted the matter to the Tribunal.

The Tribunal, differently constituted, rejected the application on 16 August 2006. The applicant claimed to fear persecution in Bangladesh on account of his Ahmadiyya faith. Pursuant to s 424A of the Migration Act 1958 (Cth) the Tribunal wrote to the applicant informing him that it had information that a letter purporting to confirm the applicant’s membership of the Ahmadiyya Association was false. The Tribunal concluded that the applicant’s claims were not genuine.

On 22 February 2007 Turner FM dismissed the application. The Federal Magistrate was unable to identify any jurisdictional error affecting the Tribunal’s decision. There was no breach of s 424A.

Marshall J dismissed the appeal to the Federal Court on 18 May 2007.  The applicant relied on the same grounds.  His Honour found the appeal to be without merit.

The applicant’s draft notice of appeal does not advance any question of law that would justify a grant of special leave to appeal.  There was no jurisdictional error in the conclusion of the Tribunal, and no reason to doubt the correctness of the judgment of the Federal Court.  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 9.44 AM THE MATTER WAS CONCLUDED