Engin Kocakaya v Minister for Immigration and Citizenship

[2013] HCASL 104

ENGIN KOCAKAYA

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 104
M18/2013

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Dodds‑Streeton J) dismissing his appeal against orders of the Federal Magistrates Court.  By those orders, the Federal Magistrate (O'Dwyer FM) dismissed the applicant's claim for judicial review of the decision of the Migration Review Tribunal affirming the decision of a delegate of the Minister for Immigration and Citizenship not to grant the applicant a Partner (Migrant) (Class BC) visa.

2. The applicant and his wife had ceased to be in a continuing spousal relationship.  The applicant alleged that his wife had committed family violence against him during the course of their spousal relationship.

3. The Minister's delegate refused the visa application on the basis that the delegate could not be satisfied that the applicant had suffered family violence.

4. On review by the Tribunal, the Tribunal told the applicant that it could refer the applicant to an independent expert to assess the family violence claims, and it did so.  The independent expert concluded that the applicant had not suffered family violence.

5. The application is brought out of time and the applicant seeks an order dispensing with the requirement to comply with the time limit in r 41.02.1 of the High Court Rules 2004.

6. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10.

7. We see no reason to doubt the correctness of the orders made by Dodds‑Streeton J or the Federal Magistrate.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

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

K.M. Hayne
26 June 2013 S.M. Crennan