SZJBQ v Minister for Immigration and Citizenship

[2008] HCASL 166

SZJBQ
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP
[2008] HCASL 166
S496/2007

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Madgwick J).  By those orders, Madgwick J dismissed the applicant's application for an extension of time of a few days to appeal against orders of the Federal Magistrates Court (Turner FM).  His Honour considered that it would be futile to grant the extension of time.  The Federal Magistrate had dismissed an application for judicial review of a decision of the Refugee Review Tribunal which found that it had no jurisdiction in the matter as the applicant's application for review of the decision of the Minister's delegate refusing the grant of a Protection (Class XA) visa was received almost four years outside the mandatory time limit prescribed by the Migration Act 1958 (Cth).

2. The application to this Court is also brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1. That application should be refused for the reason that even if it were granted, it is inevitable that the application for special leave to appeal would be dismissed.

3. If an appeal to this Court were competent, it would enjoy no prospects of success.

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