SBKC v Minister for Immigration and Citizenship

[2012] HCASL 106

SBKC

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 106
A10/2012

1. 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.

2. 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.

3. 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.

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.

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