SZRAX v Minister for Immigration and Citizenship

[2013] HCASL 169

SZRAX

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 169
S112/2013

1. The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Logan J) dismissing an appeal against orders of the Federal Magistrates Court of Australia.  By those orders, the Federal Magistrate (Cameron FM) dismissed the applicant's claim for judicial review of the Refugee Review Tribunal's decision to affirm the decision not to grant the applicant a Protection (Class XA) visa.

2. 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.

3. Both Cameron FM and Logan J rejected the applicant's arguments that the Tribunal had not complied with s 424A of the Migration Act 1958 (Cth) and had made other jurisdictional errors. We see no reason to doubt the correctness of these conclusions. Accordingly, an appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.

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
9 October 2013 S.M. Crennan