MZZIV v Minister for Immigration and Border Protection

[2014] HCASL 83

MZZIV

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 83
M144/2013

1. The applicant, a citizen of India, seeks special leave to appeal against orders made by the Federal Court of Australia (Mortimer J) refusing an application for an extension of time to appeal a decision of the Federal Circuit Court of Australia.  The Federal Circuit Court (Judge Whelan) dismissed an application for judicial review of the decision of the Refugee Review Tribunal to affirm a decision by a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.

2. 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.

3. The application for special leave to appeal sought by the applicant is incompetent by reason of ss 25(2) and 33(4B) of the Federal Court of Australia Act 1976 (Cth). There is in any event no reason to doubt the correctness of the discretionary judgment made by Mortimer J in the application of settled principles. An appeal to this Court would enjoy no prospects of success.

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

V.M. Bell
13 May 2014 S.J. Gageler