Prabhjot Kaur v Minister for Immigration and Citizenship

[2013] HCASL 130

PRABHJOT KAUR

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 130
S78/2013

1. The applicant applied to the Department of Immigration and Citizenship for a Student (Temporary) (Class TU) visa on 3 April 2012.  The application was refused because the applicant did not satisfy a condition specified in the Regulations for this subclass of student visa[1].  The condition required the application for the visa to be made within 28 days after the day when the applicant's last substantive visa ceased to be in effect.

   [1]Migration Regulations 1994 (Cth), Sched 2, cl 572.211.

2. The applicant applied to the Migration Review Tribunal ("the Tribunal") for a review of the delegate's decision.  The Tribunal found that the applicant's last substantive visa ceased on 15 March 2011.  Since the subject application was lodged on 3 April 2012 it followed that the applicant did not meet the condition.  The Tribunal affirmed the delegate's decision.

3. The applicant applied unsuccessfully to the Federal Magistrates Court for judicial review of the Tribunal's determination.  Her argument in that Court focussed on the asserted unfairness of accepting her application and the accompanying fee without informing her that it would be rejected.

4. An appeal to the Federal Court of Australia (Cowdroy J) was dismissed. 

5. The applicant applies for special leave to appeal.  She contends that the Tribunal "made jurisdictional error of law when it misconstrued the facts".  The application does not advance any arguable ground of appeal.  It does not engage with the reasoning of the court below.  If special leave to appeal were granted the appeal would have no prospect of success.

6. The application is dismissed.

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

V.M. Bell
14 August 2013 S.J. Gageler