SZAHL v MIMIA [2005] HCATrans 637 (30 August 2005)

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SZAHL v MIMIA [2005] HCATrans 637 (30 August 2005)

Last Updated: 7 September 2005

[2005] HCATrans 637

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S475 of 2004

B e t w e e n -

SZAHL

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 CANBERRA ON TUESDAY, 30 AUGUST 2005, AT 9.36 AM

Copyright in the High Court of Australia

McHUGH J: The applicant is a national of Bangladesh. He claims to fear persecution on the basis of his political involvement with the BNP. On 3 March 2003, the Refugee Review Tribunal rejected his application for a protection visa. On 20 November 2003, the Federal Magistrates Court dismissed an application to appeal against that decision, and on 25 February 2004, the Federal Court dismissed an appeal against the Federal Magistrates Court’s decision. The applicant seeks special leave to appeal against the decision of the Federal Court.

There is nothing in the applicant’s submissions to support his allegations of actual bias and jurisdictional error on the part of the Tribunal. The Tribunal concluded that the applicant’s claims were fabricated or exaggerated. It did not consider the applicant to be a truthful witness. His evidence contained inconsistencies and vagueness that led the Tribunal to reject critical aspects of it. These factual findings were open to the Tribunal. There is nothing to suggest that it committed an error of law. As this application raises no arguable point of law, it must be dismissed.

The application for special leave is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed. I publish our joint reasons.

AT 9.36 AM THE MATTER WAS CONCLUDED