MZYYU v Minister for Immigration and Border Protection

[2015] HCASL 23

MZYYU

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 23
M120/2014

1. The applicant seeks an extension of time in which to apply for leave to appeal from the orders of a single Justice of this Court (Crennan J) refusing the applicant an extension of time in which to apply to this Court for certiorari and mandamus directed to the Refugee Review Tribunal, the Minister or both.  The applicant had already appealed, unsuccessfully, to a single judge of the Federal Court of Australia (Bromberg J) against a judgment of the Federal Magistrates Court of Australia (now the Federal Circuit Court) dismissing an application for judicial review of the decision of the Refugee Review Tribunal to affirm a decision of the Minister's delegate not to grant the applicant a Protection (Class XA) visa.

2. The applicant does not have legal representation and so the application falls to be determined pursuant to r 41.10 of the High Court Rules 2004.

3. The applicant does not have an arguable ground of appeal against the judgment of Crennan J or otherwise advance a sufficient reason to doubt the correctness of her Honour's judgment.

4. An application for leave to appeal would, therefore, not enjoy sufficient prospect of success to warrant the grant of leave and, consequently, to grant an extension of time in which to seek leave to appeal would be futile.

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
8 April 2015 G.A.A. Nettle