MZYUM & Anor v Minister for Immigration and Citizenship and Anor

Case

[2013] HCASL 105

26 June 2013


MZYUM & ANOR

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 105
M20/2013

  1. The first and second applicants, a husband and wife, are citizens of Sri Lanka.  They seek special leave to appeal against orders of a single judge of the Federal Court of Australia (Dodds-Streeton J) dismissing the applicants' appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (O'Dwyer FM) dismissed an application for judicial review of the decision of the Refugee Review Tribunal to affirm the decision by a delegate of the first respondent to refuse to grant the applicants Protection (Class XA) visas.

  2. The application is brought out of time and the applicants seek an order dispensing with the requirement to comply with the time limit in r 41.02.1 of the High Court Rules 2004.

  3. As the applicants do not have legal representation, the application falls to be dealt with under r 41.10.

  4. There is no reason to doubt the correctness of the decision below.  An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
26 June 2013
S.M. Crennan
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High Court Bulletin [2013] HCAB 5

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