SZASY v MIMIA [2005] HCATrans 346 (26 May 2005)

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SZASY v MIMIA [2005] HCATrans 346 (26 May 2005)

Last Updated: 3 June 2005

[2005] HCATrans 346

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S329 of 2004

B e t w e e n -

SZASY

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.25 AM

Copyright in the High Court of Australia

GLEESON CJ: The applicant is a citizen of Bangladesh who claims to be entitled to refugee status by reason of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The Tribunal accepted that the applicant had engaged in some political activity in Bangladesh, but disbelieved other elements of the applicant’s claims. The Tribunal was not satisfied that there was a real chance that he would experience persecution for a Convention reason should he return to Bangladesh.

The applicant sought review of the Tribunal’s decision by the Federal Magistrates Court. That Court dismissed that application because no jurisdictional error in the decision of the Tribunal had been shown. An appeal to the Federal Court (Wilcox J) was dismissed.

We have considered the applicant’s written submissions and the decisions of the Tribunal and the Courts below. There are insufficient prospects of success in any appeal to this Court from the Federal Court to warrant a grant of special leave. Accordingly special leave to appeal is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave with costs.

AT 9.26 AM THE MATTER WAS CONCLUDED