Neha Sharma & Anor v Minister for Immigration and Border Protection

[2015] HCASL 238

NEHA SHARMA & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 238
M207/2015

1. The applicants, citizens of India, seek special leave to appeal against orders of the Federal Court of Australia (North J) dismissing their appeal against orders of the Federal Circuit Court of Australia (Judge Hartnett). Judge Hartnett dismissed an application for judicial review of a decision of the Migration Review Tribunal ("the Tribunal") affirming a decision of a delegate of the first respondent. The delegate refused to grant the applicants Student (Temporary) (Class TU) visas because she found that the first applicant failed to establish "exceptional reasons" for the grant of the visa, as required by cl 572.227 of Sched 2 to the Migration Regulations 1994 (Cth).

2. 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).

3. In this Court, the applicants seek to raise similar arguments to those raised before the Federal Circuit Court and the Federal Court:  principally, that the Tribunal failed to accord procedural fairness to the applicants and that it erred in its approach to the "exceptional reasons" criterion.  The applicants do not raise any reason to doubt the correctness of the decision of the Federal Court, nor do they raise any question of law which would warrant a grant of special leave.  The application is dismissed.

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
17 December 2015 S.J. Gageler