SZJEL v Minister for Immigration and Citizenship

Case •

[2008] HCASL 13

SZJEL
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 13
S300/2007

  1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Conti J) refusing leave to appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Driver FM) had dismissed, as unarguable, the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of the Tribunal's decision affirming the refusal to grant the applicant a protection visa. Because the order of the Federal Magistrate was interlocutory, an appeal to the Federal Court could be brought only by leave.

  2. There is no reason to doubt the correctness of the decision of Conti J.  If an appeal to this Court is competent it would enjoy no prospect of success.

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

K.M. Hayne
6 March 2008 		S.M. Crennan
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