NBJA v MIMIA & Anor [2007] HCATrans 283 (14 June 2007)

Last Updated: 5 July 2007

[2007] HCATrans 283

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S352 of 2006

B e t w e e n -

NBJA

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 THURSDAY, 14 JUNE 2007, AT 9.27 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh. On 12 August 2004 the Refugee Review Tribunal upheld the decision of a delegate of the first respondent not to grant a protection visa. The applicant's claims to fear political and religious persecution were dismissed on credibility grounds, and on the ground that it was possible for the applicant to relocate within Bangladesh.

On 6 December 2005 the Federal Magistrates Court (Emmett FM) rejected an application for judicial review. On 19 September 2006 the Federal Court of Australia (Edmonds J) dismissed an appeal.

The documents filed in support of the applicant's special leave application identify no error in Edmonds J's reasoning in relation to which, were leave granted, an appeal would have prospects of success. 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 Justice Heydon and myself.

AT 9.28 AM THE MATTER WAS CONCLUDED