SZJSL v Minister for Immigration and Citizenship

[2008] HCASL 262

SZJSL
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 262
S492/2007

1. The applicant seeks special leave to appeal against the orders of a single judge of the Federal Court of Australia (Stone J) dismissing an application for extension of time to appeal against orders of the Federal Magistrates Court (Turner FM). The Federal Magistrate had dismissed the applicant's claim for relief under s 39B of the Judiciary Act 1903 (Cth) directed to the Refugee Review Tribunal in respect of its decision to affirm the refusal to grant the applicant a protection visa. In the Federal Court, Stone J concluded that it would be futile to grant the extension of time the applicant sought because an appeal would be bound to fail.

2. We see no reason to doubt the correctness of the decision of Stone J.

3. Because the applicant did not file his written case and draft notice of appeal in this Court within the time prescribed by the High Court Rules 2004, his application for special leave was deemed abandoned. On 23 November 2007, Gleeson CJ ordered that the application be reinstated and that the costs of the reinstatement application be costs in the cause.

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

K.M. Hayne
15 May 2008 S.M. Crennan