SZAYI v MIMIA [2005] HCATrans 406 (16 June 2005)

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SZAYI v MIMIA [2005] HCATrans 406 (16 June 2005)

Last Updated: 28 June 2005

[2005] HCATrans 406

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S63 of 2005

B e t w e e n -

SZAYI

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 9.37 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 having a well-founded fear of persecution on account of his 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 the applicant’s claims that he had been involved in Bangladeshi student politics, but considered that the applicant had been only a “relatively minor member” of the Awami League “in what is now the fairly distant past”, finding that the applicant’s activities were not such as to make him “of such political prominence as to be subjected to harm or mistreatment at the levels described in s 91R of the [Migration Act 1958 (Cth)]” and that the applicant would not be “targeted” on his return to Bangladesh. Consequently the Tribunal found that the applicant’s fear of persecution on his return to Bangladesh was not well founded.

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 (Hill J) was dismissed under s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) as the applicant failed to attend the hearing. The applicant seeks special leave to appeal from that decision.

The applicant’s written case raises no grounds for the grant of special leave and 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 9.39 AM THE MATTER WAS CONCLUDED