MZAAV v Minister for Immigration and Border Protection

[2015] HCASL 197

MZAAV

v

MINISTER FOR IMMIGRATION
AND BORDER PROTECTION & ANOR

[2015] HCASL 197
M191/2015

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Middleton J) dismissing an appeal against orders made in the Federal Circuit Court of Australia.  The Federal Circuit Court Judge (Judge Jones) had dismissed the applicant's claim for judicial review of a decision of the Refugee Review Tribunal, now known as the Administrative Appeals Tribunal, affirming a decision to refuse to grant the applicant a Protection (Class XA) visa. 

2. The applicant did not attend the hearing before Middleton J.  The applicant applied to the Federal Court of Australia to set aside the orders of Middleton J.  That application was refused by Jessup J.

3. 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 (Cth).

4. The applicant requires an extension of time to file her application.  An appeal to this Court would enjoy no prospect of success.  It would be futile to grant the applicant an order that the time limit in r 41.02.1 be dispensed with. 

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

G.A.A. Nettle
11 November 2015            M.M. Gordon