Prithee Islam v Minister for Immigration and Citizenship

[2012] HCASL 95

PRITHEE ISLAM

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 95
S80/2012

1. This is an application for special leave to appeal from the order of the Federal Court of Australia (Jagot J) dismissing an "appeal" from a decision of the Administrative Appeals Tribunal ("the AAT").  The AAT had affirmed the decision of a delegate of the Minister for Immigration and Citizenship not to grant citizenship to the applicant. 

2. The applicant, who is aged under 18 years, was represented by her father in the proceedings before Jagot J.  She contended that the delegate and the AAT had misconstrued a provision of the Australian Citizenship Act 2007 (Cth). 

3. There is no reason to doubt the correctness of Jagot J's reasons for upholding the construction of the provision adopted by the AAT. Any appeal to this Court would have no prospects of success. This conclusion makes it unnecessary to consider the competency of an appeal to this Court from a judgment of the Federal Court constituted by a single judge determining an appeal from the AAT under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)[1]. 

   [1]Federal Court of Australia Act 1976 (Cth), s 33(2).

4. 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. 

J.D. Heydon
20 June 2012 V.M. Bell