Harinder Singh Bains v Minister for Immigration and Citizenship

[2013] HCASL 75

HARINDER SINGH BAINS

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 75
M69/2012

1. The applicant, a citizen of India, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Bromberg J) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Burchardt FM) dismissed an application for judicial review of the decision of the Migration Review Tribunal to affirm the decision by a delegate of the first respondent to refuse to grant the applicant a Student (Temporary) (Class TU) visa.

2. Bromberg J found that Burchardt FM failed to identify that the Tribunal had misconstrued the requirements of the relevant clause of the Migration Regulations 1994 (Cth). However, Bromberg J held that there was an independent basis supporting the Tribunal's decision and that the misconstruction by the Tribunal had not deprived the applicant of the possibility of a successful outcome, or otherwise denied the applicant procedural fairness.

3. An appeal against the orders of Bromberg J would enjoy insufficient prospects of success to warrant a grant of special leave. The independent basis his Honour identified for the Tribunal's decision is not shown to have been attended by any jurisdictional error. No disputed question about the meaning or application of the Migration Regulations 1994 would fall for consideration if special leave were to be granted.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
8 May 2013 S.J. Gageler