Megumi Ogawa v Minister for Immigration and Citizenship

[2013] HCASL 33

MEGUMI OGAWA

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 33
B66/2011

1. The applicant is a citizen of Japan.  On 30 August 2007 she applied for a Student (Temporary) (Class TU) visa.  On 30 March 2009 a delegate of the first respondent refused to grant the visa.

2. On 15 April 2009 the applicant applied to the Migration Review Tribunal ("the Tribunal") for review of that decision.  On 7 May 2009, the Tribunal invited the applicant to appear before it on 4 June 2009.  A request on 13 May 2009 for postponement of the hearing was refused.  A further request on 29 May 2009 for an adjournment of the hearing on 4 June 2009 was acceded to and directions were made for the filing of medical evidence.  On 23 June 2009 the applicant was notified that the hearing had been rescheduled to 2 July 2009.  The applicant's medical evidence was filed and on 23 June 2009 she was notified that the hearing on 2 July 2009 would proceed.  The applicant participated only briefly in the hearing.  The Tribunal affirmed the delegate's decision.

3. An application for review of the Tribunal's decision was dismissed by Burnett FM on 27 April 2011. An appeal to the Federal Court of Australia was dismissed by Flick J on 30 November 2011. Flick J held that s 360A(4) of the Migration Act 1958 (Cth) does not require seven days' notice to be given and the notice which was given was reasonable in all the circumstances.

4. The applicant's written case does not cast sufficient doubt on the correctness of the decision below.  There are insufficient prospects of success to warrant a grant of special leave to appeal.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave with costs.

S.M. Kiefel
13 March 2013 S.J. Gageler