Applicant S1865/2003 v MIMA & Anor [2007] HCATrans 383 (2 August 2007)

Last Updated: 13 August 2007

[2007] HCATrans 383

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S456 of 2006

B e t w e e n -

APPLICANT S1865/2003

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL 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, 2 AUGUST 2007, AT 9.38 AM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh. He arrived in Australia as long ago as 18 August 1996. He claimed a protection visa on the ground that he was persecuted as a member of the Bangladeshi National Party. A delegate of the first respondent decided to refuse that application. That decision was upheld by the Refugee Review Tribunal on credibility grounds. The Federal Court of Australia dismissed an application for judicial review in default of appearance. The applicant then applied to this Court as part of the Lie class action. His application for an order nisi was remitted to the Federal Court of Australia (Emmett J) and refused. The applicant then applied for judicial review to the Federal Magistrates Court (Driver FM). That application was refused. The Federal Court of Australia (Conti J) dismissed an appeal.

The papers filed in support of the applicant's application for special leave to appeal to this Court are pro forma in character. They raise no point of law on which an appeal could have any prospect of success. The application is 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 and I publish the disposition signed by Justice Heydon and myself.

AT 9.39 AM THE MATTER WAS CONCLUDED