SZBNK v MIMIA [2005] HCATrans 1013 (15 December 2005)

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SZBNK v MIMIA [2005] HCATrans 1013 (15 December 2005)

Last Updated: 6 January 2006

[2005] HCATrans 1013

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S377 of 2005

B e t w e e n -

SZBNK

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 DECEMBER 2005, AT 9.24 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a national of Bangladesh. He claimed to have been active in politics, and to have been persecuted by members of the Awami League. The Refugee Review Tribunal found the applicant to lack credit and it rejected all relevant claims.

An application for review to the Federal Magistrates Court was dismissed. That court found no jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court of Australia was dismissed by Lindgren J on the ground that the Federal Magistrates Court had not erred.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court. There would be insufficient prospects of success on any appeal to this Court from the Federal Court to warrant a grant of special leave. Accordingly the application for 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 9.25 AM THE MATTER WAS CONCLUDED