JAEMIN BAE v Minister for Immigration and Border Protection

[2015] HCASL 89

JAEMIN BAE

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 89
S37/2015

1. This is an application for an extension of time within which to seek special leave to appeal from an order of the Federal Court of Australia (Gleeson J) of 5 February 2015 dismissing an appeal from a judgment of the Federal Circuit Court of Australia (Judge Emmett) of 1 July 2014 dismissing an application for judicial review of a decision of the Migration Review Tribunal dated 28 May 2013 which affirmed a decision of the delegate of the first respondent to refuse to grant to the applicant a Resolution of Status (Residence) (Class BL) visa ("residential visa").

2. The applicant was denied a residential visa, and the Migration Review Tribunal affirmed the delegate's decision to do so, because, under cl 851.221 of Sched 2 to the Migration Regulations 1994 (Cth), the criteria to be satisfied at the time of decision included that an applicant must be the holder of a Subclass 850 (Resolution of Status (Temporary)) visa, and the applicant was not the holder of a Subclass 850 visa at that time.

3. The grounds of the applicant's application to the Federal Circuit Court for judicial review were (1) "Invalidity of Human Created Groundless any Law" and (2) "Denial of Natural Justice (Fact Finding Error by the Member)". As appears from Judge Emmett's reasons for judgment, the gist of the first ground was a contention that all laws created by human beings are invalid and, therefore, the criteria prescribed by cl 851.221 were invalid; and the essence of the second ground was that the Migration Review Tribunal was in error because it had proceeded on the basis that cl 851.221 was valid. Judge Emmett found that the Migration Review Tribunal made findings of fact which were open to be made on the evidence and had correctly applied the law to the facts as so found.

4. The applicant's grounds of appeal to the Federal Court were the same as his grounds of application to the Federal Circuit Court for judicial review.  Gleeson J held that the applicant failed to identify any legal error on the part of Judge Emmett.

5. The applicant's sole proposed ground of appeal to this Court is:

   "Denial of justice and truth.  (The judgment made by the Federal Court Justice Gleeson was based on biased Justice's 'deemed facts' but not 'true facts' and intentionally and wrongfully justified groundless human created invalid law.)  [sic]"

6. The applicant does not have legal representation and so the application falls to be determined pursuant to r 41.10 of the High Court Rules 2004.

7. The applicant advances no arguable ground of appeal against the judgment of Gleeson J, and an appeal to this Court would enjoy no prospect of success.  A grant of an extension of time within which to seek special leave would, therefore, be futile.

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
13 May 2015 G.A.A. Nettle