SBKC v Minister for Immigration and Citizenship

SBKC
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2012] HCASL 106
A10/2012

The applicant seeks special leave to appeal against orders made by a single judge of the Federal Court of Australia (Marshall J) dismissing an appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Simpson FM) had dismissed the applicant's claim for judicial review of the decision of the Refugee Review Tribunal to affirm the refusal to grant the applicant a Protection (Class XA) visa.
The application for special leave is made well out of time, the applicant having first unsuccessfully brought an action in the original jurisdiction of this Court seeking constitutional writs directed to the Minister, the Tribunal and Marshall J. That action was summarily dismissed by Bell J on 11 April 2012[1].
[1]SBKC v Minister for Immigration and Citizenship [2012] HCATrans 89.
The applicant has not demonstrated any arguable error by Marshall J and has not shown any arguable case of apparent bias. An appeal to this Court against the orders made by Marshall J would not enjoy sufficient prospects of success to warrant a grant of special leave.
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.

K.M. Hayne
15 August 2012 S.M. Crennan

CaseChat Overview and Summary

The case of SBKC v Minister for Immigration and Citizenship involved an applicant, SBKC, who sought special leave to appeal against orders made by a single judge of the Federal Court of Australia. The Federal Court had dismissed an appeal against orders of the Federal Magistrates Court, which had in turn dismissed the applicant's claim for judicial review of the decision of the Refugee Review Tribunal. The Tribunal had affirmed the refusal to grant the applicant a Protection (Class XA) visa. The applicant's application for special leave to appeal was made well out of time, having previously unsuccessfully sought constitutional writs in the High Court against the Minister, the Tribunal, and the Federal Court judge.

The legal issues before the court were whether the applicant had demonstrated any arguable error by the Federal Court judge, and whether there was an arguable case of apparent bias. The applicant had to prove that the appeal against the Federal Court judge's orders had sufficient prospects of success to warrant a grant of special leave. The court had to consider the merits of the case and whether the applicant had made out a case for appeal.

The High Court found that the applicant had not demonstrated any arguable error by the Federal Court judge and had not shown any arguable case of apparent bias. The court concluded that an appeal to the High Court against the orders made by the Federal Court judge would not enjoy sufficient prospects of success to warrant a grant of special leave. The High Court dismissed the application for special leave and directed the Registrar to draw up, sign and seal an order to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established