Plaintiff S62/2012 v Minister for Immigration and Citizenship

[2012] HCASL 188

PLAINTIFF S62/2012

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ORS

[2012] HCASL 188
S145/2012

1. On 1 April 2010, a delegate of the first respondent refused the applicant, a citizen of Fiji, a Protection (Class XA) visa. On 19 May 2011, the Refugee Review Tribunal ("the Tribunal") affirmed that decision. The applicant sought judicial review of the Tribunal's decision in the Federal Magistrates Court but filed his application approximately six months out of time, on 29 December 2011. On 27 February 2012, Emmett FM dismissed his application as incompetent, finding that the applicant had no satisfactory explanation for his delay which would justify an extension of time under s 477(2) of the Migration Act 1958 (Cth), and that the application did not have any, or any reasonable, prospects of success.

2. By an application in this Court dated 13 March 2012, the applicant sought various forms of relief against the Minister for Immigration and Citizenship, the Tribunal and Emmett FM.  The application was heard on 21 May 2012 before Heydon J.  At the hearing, the applicant sought an adjournment to seek legal representation.  Heydon J heard submissions on the application for an adjournment and then refused an adjournment.  His Honour also dismissed the substantive application, finding that no jurisdictional error was shown in Emmett FM's refusal of an extension of time.

3. The applicant now applies for leave to appeal from the orders of Heydon J.  No error is shown in the decision of Heydon J and leave should be refused.

4. Pursuant to r 41.10.5 of the High Court Rules 2004, we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
12 December 2012 S.J. Gageler