SZAQS v MIMIA [2005] HCATrans 537 (5 August 2005)

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SZAQS v MIMIA [2005] HCATrans 537 (5 August 2005)

Last Updated: 25 August 2005

[2005] HCATrans 537

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S439 of 2004

B e t w e e n -

SZAQS

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.58 AM

Copyright in the High Court of Australia

McHUGH J: The Refugee Review Tribunal rejected the claim of the applicant, a Bangladeshi, for a protection visa because the Tribunal was not satisfied that the applicant had any association with the Jamaat-E-Islami Party (“JEI”) or its student wing or that the applicant was a target of harassment for the Awami League (“AL”).

The Federal Magistrates Court held that the factual findings that the Tribunal reached were open to the Tribunal, that the Tribunal did not fail to take into account relevant considerations, that the Tribunal did not makes its decision in bad faith or with actual bias and that the Tribunal deprived the applicant of natural justice.

The Federal Court held that the applicant had not demonstrated any error on the part of the Federal Magistrate.

The applicant’s special leave application complained that the Tribunal’s decision was not founded on evidence and was vitiated by procedural unfairness. The applicant also relied on Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 76 ALJR 966; 190 ALR 601, but did not demonstrate the necessary factual basis. The application raises no question of law that would justify the grant of special leave to appeal.

The applicant raises no ground on which to disturb the decision of the Federal Court. An appeal would have no prospect of success. The application must be dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application. I publish our joint reasons.

AT 8.58 AM THE MATTER WAS CONCLUDED