Kishore Nandyala v Minister for Immigration and Border Protection

[2014] HCASL 218

KISHORE NANDYALA

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 218
S230/2014

1. The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Robertson J) dismissing the applicant's appeal from orders of the Federal Circuit Court of Australia. The Federal Circuit Court (Judge Raphael) dismissed an application for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") affirming a decision of a delegate of the first respondent to refuse the applicant a Skilled (Provisional) (Class VC) visa under s 65 of the Migration Act 1958 (Cth). The ground upon which that visa was refused was that the applicant did not satisfy cl 485.215 in Pt 485 of Sched 2 to the Migration Regulations 1994 (Cth) which required, among other things, proof of competent English. A person could demonstrate proof of competent English under reg 1.15C by satisfying the first respondent that the person has an IELTS score of at least 6 for each of the test components.

2. At the hearing before the Tribunal, the applicant indicated that he had undertaken several IELTS tests and had not achieved the required score.  He said that he had recently undertaken an IELTS test and was awaiting the results.  The Tribunal indicated that it would wait for a month after the test date before making a decision.  When the Tribunal made its decision just over a month later, the applicant had not produced evidence of the required score.  The applicant conceded before the Federal Circuit Court that there was no error of law in the Tribunal's decision.

3. As the applicant does not have legal representation, his application for special leave to appeal falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. The application does not identify any question of law which would warrant a grant of special leave.  An appeal to this Court would enjoy no prospects of success.

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
10 December 2014 S.J. Gageler