Manpreet Kaur v Minister for Immigration and Border Protection

[2015] HCASL 27

MANPREET KAUR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 27
M128/2014

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Murphy J) dismissing an appeal against orders made in the Federal Circuit Court of Australia.  The Federal Circuit Judge (Judge Lucev) had dismissed the applicant's claim for judicial review of the decision of the Migration Review Tribunal affirming the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.

2. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

3. The Tribunal concluded that, at the time of the visa application, the applicant and her sponsor were not in a spousal relationship as defined in s 5F of the Migration Act 1958 (Cth).

4. There is no reason to doubt the correctness of the conclusions reached in both the Federal Circuit Court and the Federal Court that the Tribunal made no jurisdictional error and that the claim for judicial review should be dismissed.

5. An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
8 April 2015 G.A.A. Nettle