SZKFC v Minister for Immigration and Citizenship

[2008] HCASL 17

SZKFC
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2008] HCASL 17
S315/2007

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Cowdroy J) refusing the applicant leave to appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Scarlett FM) had dismissed the applicant's application for relief directed to the Refugee Review Tribunal under s 39B of the Judiciary Act 1903 (Cth) in respect of its affirming the decision to refuse to grant the applicant a protection visa. Scarlett FM had dismissed the application on the ground that it was filed out of time.

2. In the Federal Court, Cowdroy J did not confine attention to the effect of delay in instituting the proceedings in the Federal Magistrates Court and concluded that the substantive grounds of appeal which the applicant sought to agitate had no prospect of success.  We see no reason to doubt that conclusion and on that ground alone it follows that an appeal to this Court 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