SZADQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCATrans 469 (19 November 2004)

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SZADQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCATrans 469 (19 November 2004)

Last Updated: 9 December 2004

[2004] HCATrans 469

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S570 of 2003

B e t w e e n -

SZADQ

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

GLEESON CJ
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 19 NOVEMBER 2004, AT 11.01 AM

Copyright in the High Court of Australia

SZADQ appeared in person.

GLEESON CJ: Yes, are you the interpreter?

THE INTERPRETER: Yes, your Honour.

MR R.J. BROMWICH: May it please the Court, I appear for the respondent. (instructed by Clayton Utz)

GLEESON CJ: Would you swear the interpreter please, officer.

MOHAMMED SHAH ISLAM, affirmed as interpreter:

GLEESON CJ: What is the language you are interpreting?

THE INTERPRETER: It is Bengali.

GLEESON CJ: Yes, thank you. Yes, are you the applicant?

SZADQ: Yes, your Honour.

GLEESON CJ: I realise that you speak some English, but there is an interpreter here and when you speak to the Court or if you are answering any questions from the Court, you feel free to use the services of the interpreter as you please. You can address us in English or you can address us through the interpreter or both.

SZADQ: Yes, your Honour.

GLEESON CJ: Yes, go ahead. Speak into the microphone, please. Yes, go ahead.

SZADQ: That is my mother, Kushum - - -

GLEESON CJ: You want your mother to speak on your behalf?

SZADQ: Yes, please.

GLEESON CJ: Yes, go ahead. Interpreter, would you interpret please.

SZADQ’S MOTHER: My earnest request to all the Honourable Justice, I want to hand up these papers to you.

GLEESON CJ: You have a written document in which you put the argument you want to put?

SZADQ’S MOTHER: Yes.

GLEESON CJ: Very well, we will look at that. Hand that up please – show it to Mr Bromwich first and then hand it to us.

MR BROMWICH: I have a copy, thank you, your Honours.

GLEESON CJ: Give us time to read this, please. Yes, we have read that, that document will be placed with the papers. Is there anything else?

SZADQ: Yes, your Honour, I come to here in Australia in 1996 on 20 February and after then I applied as a refugee. Also my brother also come to Australia in 1990, and also my brother also get residency in a political ground as a refugee.

So then the RRT member took the wrong decision to I come in the Magistrate Court and to the Full Federal Court, but in the Full Federal Court I request to the judge but it is only one judge, this is the wrong decision, so yes I come to High Court.

GLEESON CJ: Is there anything else you want to put to us?

SZADQ: Yes, your Honour, the RRT member did not give right decision because my mother come in 1991, sorry the 2001, and my mother got residency as a refugee. Also, I did not get the refugee ground because the RRT member did not put the right point and did not give the right decision, so your Honour, I am requesting you I like my case to go back to RRT and to the right person and the right decision.

GLEESON CJ: Is there anything else you want to say?

SZADQ: Yes, I would like to say because I am from in Bangladesh, because I am a Hindu and Bangladesh is a.....of the Muslim and the government is a very bad political because the Jamaat-e-Islami and the BNP, that is bad for us, the Hindu and the Awami League, and my family to involve in the Awami League and so the Jamaat-e-Islami and the BNP to very bad.....to Awami League because the last month in 21 August they tried to kill our political leader the.....and killed our political member and this.....so my family to the Awami League, so I also involve in the Awami
League so I met a problem in Bangladesh in political and minority, and I am the Hindu.

GLEESON CJ: Thank you. We do not need to hear you, Mr Bromwich.

This is an application for special leave to appeal from a decision of Justice Stone in the Federal Court of Australia. Justice Stone dismissed an appeal from a decision of Federal Magistrate Driver, who in turn upheld a decision of a member of the Refugee Review Tribunal.

We have considered the reasons of Justice Stone and the written and oral material put before this Court by and on behalf of the applicant. We are of the view that there are insufficient prospects of success of an appeal to warrant a grant of special leave to appeal to this Court. The application is dismissed with costs.

We will adjourn for a short time to reconstitute.

AT 11.09 AM THE MATTER WAS CONCLUDED