Mohammed Abdul Hai Shoeib v Minister for Immigration and Border Protection

[2015] HCASL 105

MOHAMMED ABDUL HAI SHOEIB

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 105
M37/2015

1. The applicant is an Indian national who held a student visa that expired on 11 July 2012.  On 9 July 2012, the applicant applied for a Student (Temporary) (Class TU) (Subclass 572) visa.  On 16 August 2012, a delegate of the first respondent refused the application on the ground that the applicant had not substantially complied with the enrolment conditions attaching to his previous student visa.  On 24 October 2013, the Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision.  On 8 July 2014, the Federal Circuit Court of Australia (Riethmuller J) dismissed an application for judicial review of the Tribunal's decision, and on 6 November 2014 the Federal Court of Australia (Tracey J) dismissed an appeal for want of appearance by the applicant.

2. The applicant applied to this Court for an order to show cause. On 17 February 2015, Hayne J dismissed the show cause application, holding that a proceeding would enjoy no prospect of success. His Honour considered that there was no arguable case of jurisdictional error in the decision of either the Tribunal or the Federal Circuit Court. Hayne J held that an application to show cause was not the appropriate mechanism by which to contest the accuracy of the decision of the Federal Court while there remained available procedures provided for in the Federal Court Rules 2011 (Cth).

3. The applicant now seeks leave to appeal from the decision of Hayne J, and requires an extension of time to do so.  The application for leave to appeal and the draft notice of appeal do not particularise any ground of appeal, or identify any error in the judgment of Hayne J.  The bare assertion that Hayne J did not consider the applicant's claims cannot be sustained.  Leave should be refused and therefore there is no utility in granting an extension of time.

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

S.M. Kiefel
18 June 2015 P.A. Keane