Applicant S1061 of 2003 v MIMIA [2006] HCATrans 187 (12 April 2006)

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Applicant S1061 of 2003 v MIMIA [2006] HCATrans 187 (12 April 2006)

Last Updated: 2 May 2006

[2006] HCATrans 187

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S386 of 2005

B e t w e e n -

APPLICANT S1061 OF 2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh who claims to fear political persecution. His claim for a protection visa was rejected by the Refugee Review Tribunal. The Tribunal considered the applicant’s evidence and supporting documentation to lack credibility and consequently rejected his claims in their entirety.

The Federal Magistrates Court dismissed the applicant’s application for judicial review as demonstrating no jurisdictional error in the Tribunal’s decision. The Federal Magistrate noted that the applicant had previously brought proceedings in the Federal Court, which were dismissed by Von Doussa J on 31 May 1999, and in this Court as one of those applicants whose claims were said to depend upon the decision in Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 and held further that the application before him represented an abuse of process. An appeal to the Federal Court was dismissed by Allsop J.

There would be no prospects of success on any appeal to this Court from the Federal Court. Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Heydon J and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED