SZAIV v MIMIA [2005] HCATrans 89 (3 March 2005)

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SZAIV v MIMIA [2005] HCATrans 89 (3 March 2005)

Last Updated: 11 March 2005

[2005] HCATrans 089

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S176 of 2004

B e t w e e n -

SZAIV

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 THURSDAY, 3 MARCH 2005, AT 9.43 AM

Copyright in the High Court of Australia

McHUGH J: The Refugee Review Tribunal rejected the applicant's claim for refugee status on the ground of a fear of persecution in Bangladesh, because it was negated by his return there in 1993, 1997 and 2000, by his renewal of his passport and travel on it, and by his failure to apply for refugee status over a period of nearly 10 years' residence outside Bangladesh.

The Federal Magistrates Court refused an application for judicial review because it found no jurisdictional error.

The Federal Court dismissed an appeal. Apart from factual challenges, it rejected a claim of bias and a claim that Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 applied.

In this Court the applicant repeats the latter claim, but without pointing to any factual basis for it. No other reason for doubting the correctness of the proceedings below has been advanced.

The application for special leave is dismissed with costs on the ground that an appeal has no prospects of success.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.

AT 9.43 AM THE MATTER WAS CONCLUDED