MZYWO & Anor v Minister for Immigration and Citizenship

Case

[2013] HCASL 161


MZYWO & ANOR

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 161

M56/2013

  1. The applicants, citizens of India, seek special leave to appeal against orders of a single judge of the Federal Court of Australia (Barker J) dismissing the applicants' appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Turner FM) dismissed an application for judicial review of a decision of the Refugee Review Tribunal, which affirmed the decision of 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 of the High Court Rules 2004.

  4. There is no reason to doubt the correctness of the decisions 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

9 October 2013

S.M. Crennan

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High Court Bulletin [2013] HCAB 8

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