HAJIPASHA Mohammed v Minister for Immigration and Border Protection

[2015] HCASL 159

HAJIPASHA MOHAMMED

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 159
M79/2015

1. On 16 August 2013, a delegate of the first respondent refused the applicant's application for a Student (Temporary) (Class TU) visa on the basis that the applicant had not established exceptional reasons for the grant of the visa as required by cl 572.227 of Sched 2 to the Migration Regulations 1994 (Cth). The Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision on 11 December 2013. The Tribunal considered that the matters raised by the applicant were commonplace amongst applicants for student visas and not "exceptional" within the ordinary meaning of the word.

2. On 9 December 2014, the Federal Circuit Court of Australia (Whelan J) dismissed an application for judicial review of the Tribunal's decision.  Whelan J held that the Tribunal had complied with the requirements of procedural fairness, considered the circumstances put forward by the applicant, and had not made any jurisdictional error.

3. On 12 May 2015, the Federal Court of Australia (Tracey J) dismissed the applicant's appeal.  Tracey J held that the applicant had not identified any legal error on the part of the Tribunal or Federal Circuit Court.

4. The applicant now seeks special leave to appeal to this Court.  The draft notice of appeal and summary of argument do not identify any legal error in the decision of Tracey J, and there is no reason to doubt the correctness of the decisions of the Courts below.  Special leave is refused.

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

S.M. Kiefel
15 October 2015 P.A. Keane