SZQWC v Minister for Immigration and Citizenship

[2012] HCASL 170

SZQWC

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2012] HCASL 170
S271/2012

1. The applicant, a citizen of the People's Republic of China, seeks special leave to appeal from orders of a single judge of the Federal Court of Australia (Kenny J) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Driver FM) dismissed an application for judicial review of the decision of the Refugee Review Tribunal to affirm the decision by a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.

2. The application is 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.

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. The applicant's written submissions raise no arguable ground for the grant of special leave nor do we see any reason to doubt the correctness of the conclusions reached in the courts below.  An appeal to this Court would have no prospect of success.

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

K.M. Hayne
5 December 2012 S.M. Crennan