MZZWB & Anor v Minister for Immigration and Border Protection

[2015] HCASL 61

MZZWB & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 61
M135/2014

1. The applicants, nationals of India, applied for Protection (Class XA) visas.  A delegate of the first respondent refused the application.  The Refugee Review Tribunal ("the Tribunal") affirmed the delegate's decision.  An application for judicial review of the Tribunal's decision was dismissed by the Federal Circuit Court of Australia (Judge Riley).

2. The applicants appealed to a single judge of the Federal Court of Australia (North J). The applicants did not appear at the hearing of the appeal. Being satisfied that the applicants had failed to appear in circumstances in which they had notice of the hearing date, the Court dismissed the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

3. The applicants do not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. Putting to one side questions of competence, an appeal to this Court would enjoy no prospects of success.  The application is dismissed.

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

V.M. Bell
6 May 2015 S.J. Gageler