SZAPW v MIMIA [2005] HCATrans 404 (16 June 2005)

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SZAPW v MIMIA [2005] HCATrans 404 (16 June 2005)

Last Updated: 28 June 2005

[2005] HCATrans 404

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S52 of 2005

B e t w e e n -

SZAPW

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, 16 JUNE 2005, AT 9.35 AM

Copyright in the High Court of Australia

GLEESON CJ: The applicant is a citizen of Bangladesh. He claims to be entitled to refugee status by having a well-founded fear of persecution on account of political opinion.

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 some aspects of the applicant’s claims, but considered that other, more significant aspects of those claims were “vague and general” and that key information was lacking and “could not be satisfactorily clarified at the hearing”. The Tribunal was not satisfied that there was a real chance that the applicant would experience persecution for a Convention reason should he return to Bangladesh.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court. That Court dismissed the application as revealing no jurisdictional error in the decision of the Tribunal. An appeal to the Federal Court (Wilcox J) was dismissed.

We have considered the decisions of the Tribunal, the Federal Magistrates Court and Wilcox J. The applicant’s written case raises no grounds for the grant of special leave. There are no prospects of success in any appeal to this Court from the Federal Court. Accordingly special leave to appeal is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.36 AM THE MATTER WAS CONCLUDED