Fasiul Alam v Minister for Immigration and Citizenship

[2013] HCASL 40

FASIUL ALAM

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 40
D8/2012

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Mansfield J) dismissing an appeal against orders made by the Federal Magistrates Court.  The Federal Magistrate (Smith FM) had dismissed the applicant's application for judicial review of the decision of the Migration Review Tribunal to affirm the decision of a delegate of the first respondent not to grant the applicant a Partner (Migrant) (Class BC) visa. 

2. The applicant was no longer in a relationship with his partner at the time when he applied for a visa.  A criterion for the visa which the applicant sought was that he had been subjected to domestic violence by that partner. 

3. Both at first instance and on appeal, it was found that the Tribunal was correct in concluding that the applicant had not established that a Court had made an order against the alleged perpetrator of domestic violence for the protection of the alleged victim after the Court had given the alleged perpetrator an opportunity to be heard.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. We see no reason to doubt the correctness of the conclusion reached both in the Federal Magistrates Court and the Federal Court.  An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
10 April 2013 S.M. Crennan