Santhosh Reddy Julakanti v Minister for Immigration and Border Protection

[2015] HCASL 106

SANTHOSH REDDY JULAKANTI

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

[2015] HCASL 106
M39/2015

1. This is an application for leave to appeal from a judgment of a single Justice of this Court (Nettle J) dismissing an application for an order to show cause directed at the respondent.

2. The applicant is a citizen of India. On 25 June 2012, he applied for an Employer Nomination (Residence) (Class BW) visa. On 6 March 2013, a delegate of the respondent determined not to grant the applicant a visa on the basis that he did not satisfy cl 857.221 of Sched 2 to the Migration Regulations 1994 (Cth) because the nomination by the applicant's employer had been withdrawn.

3. On 4 October 2013, the Migration Review Tribunal ("the Tribunal") affirmed the delegate's decision.  On 30 May 2014, the Federal Circuit Court of Australia (Turner J) dismissed the applicant's application for judicial review of the Tribunal's decision.  On 13 August 2014, the Federal Court of Australia (Davies J) dismissed the applicant's appeal from the decision of Turner J.

4. The application to this Court for an order to show cause was directed at the lawfulness of the decision of the delegate.  On 25 February 2015, Nettle J held that the grounds on which the applicant sought to review the decision of the delegate had no reasonable prospects of success.

5. The applicant now applies for leave to appeal from the decision of Nettle J.  The decision of Nettle J was clearly correct and an appeal to a Full Court of this Court would have no prospects of success.  Leave is refused.

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

S.M. Kiefel
18 June 2015 P.A. Keane