SZRHA v Minister for Immigration and Citizenship

[2013] HCASL 168

SZRHA

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 168
S107/2013

1. The applicant seeks special leave to appeal against orders of the Federal Court of Australia (Nicholas J) dismissing the applicant's 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 decision of the Refugee Review Tribunal that it had no jurisdiction to review a decision made by a delegate of the first respondent to refuse 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. The Tribunal concluded that it had no jurisdiction to review the delegate's decision because the application for review was not made within the prescribed period.  The applicant did not dispute that she had applied out of time but said that this was because her migration agent did not tell her of the delegate's decision until after the time had expired.

4. No reason is shown to doubt the correctness of the decision of Nicholas J.  An appeal to this Court would enjoy 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
9 October 2013 S.M. Crennan