Jasvinder Singh Lally v Minister for Immigration and Border Protection

[2015] HCASL 218

JASVINDER SINGH LALLY

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR
[2015] HCASL 218
M77/2015

1. On 6 August 2013, a delegate of the first respondent refused the applicant's application for a Student (Temporary) (Class TU) (Subclass 572) visa. The delegate was not satisfied that the applicant had demonstrated exceptional reasons to justify the grant of the visa as required by cl 572.227(c) of Sched 2 to the Migration Regulations 1994 (Cth).

2. On 13 November 2013, the Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision.  The Tribunal found that none of the matters raised by the applicant, namely, the embarrassment and inconvenience of returning to India without completing his studies, constituted exceptional reasons which would justify the grant of a Subclass 572 visa.  The Tribunal observed that all the subclasses of visa within Class TU would require the applicant to demonstrate exceptional reasons for the grant of a visa. 

3. On 12 December 2014, the Federal Circuit Court of Australia (Burchardt J) dismissed the applicant's application for judicial review of the Tribunal's decision.  Burchardt J held that the Tribunal's understanding and application of the law was clearly correct, and that its decision was not affected by jurisdictional error.

4. On 11 May 2015, the Federal Court of Australia (Tracey J) dismissed the applicant's appeal from the decision of the Federal Circuit Court.  Tracey J held that the applicant was unable to identify any jurisdictional error on the part of the Tribunal, and that there was no appellable error on the part of the Federal Circuit Court.

5. The applicant seeks special leave to appeal to this Court.  The proposed grounds of appeal identify no question of law that would justify the grant of special leave.  There is no reason to doubt the correctness of the decision of the Federal Court.  An appeal to this Court would have no prospect of success.  Special leave is refused.

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

S.M. Kiefel
10 December 2015 P.A. Keane