SZEWV v Minister For Immigration And Citizenship & Anor

[2008] HCASL 165

SZEWV
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 165
S495/2007

1. The applicant, a citizen of India, seeks special leave to appeal against the orders of the Federal Court of Australia (Rares J) dismissing the applicant's appeal against orders of the Federal Magistrates Court (Scarlett FM).  The Federal Magistrate dismissed an application for judicial review directed to the Refugee Review Tribunal in respect of its decision that it had no jurisdiction to review a decision of the Minister's delegate as the applicant's application for review of the refusal to grant a Protection (Class XA) visa was received well outside the time limit prescribed.

2. The applicant has previously sought judicial review of an earlier decision of the Tribunal in which it found that it had no jurisdiction to consider an earlier application for review as that application was also received outside the prescribed time limit:  SZEWV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1525, SZEWV v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 234 and SZEWV v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA Trans 562. In this Court, Gummow and Heydon JJ, in refusing the application for special leave, observed that although it is regrettable if a migration agent, acting on behalf of an applicant, fails to observe a statutory time limit, that circumstance does not reveal error in the courts below. Nor does that circumstance provide a basis for making a fresh application to the Tribunal.

3. We see no reason to doubt the decisions in the courts below.

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

K.M. Hayne
23 April 2008 S.M. Crennan