Ghanshyam Singh v Minister for Immigration and Border Protection

[2015] HCASL 183

GHANSHYAM SINGH

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 183
S116/2015

1. The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Jagot J) dismissing his appeal against orders of the Federal Circuit Court of Australia (Judge Manousaridis). Judge Manousaridis dismissed the applicant's application to set aside orders made pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) upon the applicant's failure to appear at the hearing of the matter. By those earlier orders, the Federal Circuit Court had dismissed the applicant's application for judicial review from a decision of the Migration Review Tribunal ("the Tribunal"), in which the Tribunal determined that it did not have jurisdiction to review a decision made by a delegate of the first respondent to refuse to grant the applicant a Temporary Business Entry (Class UC) visa.

2. The Federal Circuit Court dismissed the application to set aside its earlier orders on the basis that the applicant's judicial review application disclosed no reasonably arguable claim for relief. The Federal Court expressed a similar view in the course of disposing of the applicant's appeal by way of orders, which appear to have been made pursuant to r 5.23(1)(b)(i) of the Federal Court Rules2011 (Cth).

3. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. In his application to this Court, the applicant does not identify any error in the orders of the Federal Court.  Nor does the applicant identify any basis upon which the Federal Circuit Court erred in affirming the Tribunal's decision as to its lack of jurisdiction.  An appeal to this Court would therefore have no prospect of success.  The application is dismissed.

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

V.M. Bell
4 November 2015 S.J. Gageler