SZCIN v MIMIA & Anor [2006] HCATrans 643 (15 November 2006)

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SZCIN v MIMIA & Anor [2006] HCATrans 643 (15 November 2006)

Last Updated: 23 November 2006

[2006] HCATrans 643

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S155 of 2006

B e t w e e n -

SZCIN

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second 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, 15 NOVEMBER 2006, AT 9.41 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh claiming to fear persecution on political grounds. A delegate of the first respondent refused his application for a protection visa. The Refugee Review Tribunal (“the Tribunal”) affirmed that decision. The Tribunal rejected his claim to be a political activist and found him to be a businessman. It rejected his claim that he was forced to travel to Australia on a false passport in order to evade the attention of the authorities, and found that he only used that passport because it had a valid entry visa. It found that many of his claims were fabricated and many of the documents he relied on were fraudulent. It found that there was no real chance of future persecution.

The Federal Magistrates Court (Pascoe CFM) found no jurisdictional error and rejected the applicant’s application for judicial review.

The Federal Court of Australia (Heerey, Conti and Jacobson JJ) agreed, and dismissed an appeal.

The applicant’s application for special leave to appeal to this Court contains a written case which is in part pro forma in character, without relevance to the particular circumstances. It creates no reason to doubt the correctness of the Full Court’s decision. The application must be dismissed.

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 9.42 AM THE MATTER WAS CONCLUDED