SZRSN v Minister for Immigration and Citizenship

[2014] HCASL 64

SZRSN

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2014] HCASL 64
S194/2013

1. The applicant, a citizen of New Zealand, seeks leave to appeal against orders of a single Justice of the High Court of Australia (Gageler J) dismissing the applicant's application for an order to show cause as an abuse of process.  Before the single Justice, the applicant sought writs of certiorari and prohibition on the basis that the second respondent, the Administrative Appeals Tribunal, denied him procedural fairness by failing to consider the best interests of his children as a primary consideration when affirming the cancellation of his visa.  An application for judicial review of that decision had been dismissed by the Federal Court of Australia (Katzmann J).  The first respondent applied for the summary dismissal of the applicant's further proceedings in this Court.

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. There is no reason to doubt the correctness of the conclusions reached by the single Justice in dismissing the application as an abuse of process.  An appeal to this Court would enjoy no prospects of success.

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
2 April 2014 S.M. Crennan