SZAKL v MIMIA [2005] HCATrans 495 (4 August 2005)

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SZAKL v MIMIA [2005] HCATrans 495 (4 August 2005)

Last Updated: 24 August 2005

[2005] HCATrans 495

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S354 of 2004

B e t w e e n -

SZAKL

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, 4 AUGUST 2005, AT 9.48 AM

Copyright in the High Court of Australia

GLEESON CJ: The applicant is a citizen of Bangladesh who arrived in Australia in 2001. He claims to be entitled to refugee status by reason of a well-founded fear of political persecution as a member and activist in the Bangladesh Freedom Party.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The Tribunal found the applicant not to be a credible witness. It rejected his claims that he was a member of the Freedom Party and that he was subject to false charges which had resulted in the issue of warrants for his arrest.

The applicant sought review of the Tribunal’s decision in the Federal Magistrates Court. The Court dismissed his application on the basis that the applicant failed to show jurisdictional error in the Tribunal’s decision. An appeal to the Federal Court (Hill J) was dismissed.

We have reviewed the parties’ submissions and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court. There are insufficient prospects of success in any appeal to this Court from the Federal Court. 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 9.49 AM THE MATTER WAS CONCLUDED