MD Shahinur Gazi v Minister for Immigration and Border Protection

[2014] HCASL 65

MD SHAHINUR GAZI

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 65
S271/2013

1. The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Logan J) dismissing an appeal against orders of the Federal Magistrates Court of Australia.  The Federal Magistrate (Driver FM) had dismissed the applicant's claim for judicial review of the decision of the Migration Review Tribunal affirming the decision to refuse to grant the applicant a Student (Temporary) (Class TU) 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 determinative issue in the Federal Court was whether the Tribunal exceeded its jurisdiction by proceeding to hear the review despite the applicant seeking an adjournment.  The applicant would enjoy insufficient prospects of disturbing the conclusion reached by Logan J to warrant a grant of special leave.

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

K.M. Hayne
2 April 2014 S.M. Crennan