ANKURKUMAR NARANBHAI Savsani & Anor v Minister for Immigration and Border Protection

[2015] HCASL 32

ANKURKUMAR NARANBHAI SAVSANI & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 32
S273/2014

1. The applicants seek leave to appeal from the orders of a single Justice of this Court (Bell J).  Her Honour refused to reinstate the applicants' application for special leave to appeal from the orders of a single judge of the Federal Court of Australia (Marshall J).  Marshall J had dismissed an appeal from orders of the Federal Circuit Court of Australia (Judge Emmett).  Judge Emmett had dismissed an application for judicial review of a decision of the Migration Review Tribunal.  The Tribunal had affirmed decisions of the Minister's delegate to refuse each of the applicants a Skilled (Provisional) (Class VC) visa.

2. Bell J held that an appeal to this Court would enjoy no prospects of success, and that no question of public importance was raised by the application, and, accordingly, that there would be no utility in ordering reinstatement.

3. The applicants do not have legal representation and so the application falls to be determined pursuant to r 41.10 of the High Court Rules 2004.

4. The applicants do not have an arguable ground of appeal against the judgment of Bell J or otherwise advance a sufficient reason to doubt the correctness of her Honour's judgment.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
8 April 2015 G.A.A. Nettle