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SZAZP v MIMIA [ 2005] HCATrans 929  (14 November 2005)

SZAZP v MIMIA [ 2005] HCATrans 929  (14 November 2005)

Last Updated: 18 November 2005

 [2005] HCATrans 929 

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S351 of 2005

B e t w e e n -

SZAZP

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
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY 14 NOVEMBER 2005, AT 2.34 PM

Copyright in the High Court of Australia

GUMMOW J: The applicant is a citizen of Bangladesh who arrived in Australia in April 2001. He claims to be entitled to refugee status by reason of a well-founded fear of political persecution.

The Refugee Review Tribunal affirmed the decision of a delegate of the Minister to refuse to grant the applicant a protection visa. The Tribunal described the applicant’s evidence as “vague, generalised, lack[ing] specific detail, and ... inconsistent and unconvincing”. Similarly, the Tribunal did not accept that the documentary evidence provided by the applicant was genuine. The Tribunal was unable to be satisfied on the material before it that the applicant had a well-founded fear of persecution should he return to Bangladesh.

The applicant sought judicial review of the Tribunal’s decision in the Federal Magistrates Court. That Court dismissed the application as demonstrating no jurisdictional error in the decision of the Tribunal. An appeal to the Federal Court (Emmett J) was dismissed on 24 June 2005.

We have considered the applicant’s written case and the decisions of the Tribunal, the Federal Magistrates Court and the Federal Court. There would be insufficient prospects of success in any appeal to this Court from the Federal Court to warrant a grant of special leave. Accordingly, special leave to appeal 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 Kirby J and myself.

AT 2.35 PM THE MATTER WAS CONCLUDED