SZRTY v Minister for Immigration and Border Protection

[2014] HCASL 52

SZRTY

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 52
S280/2013

1. The applicant, a citizen of India, seeks special leave to appeal against orders made by the Federal Court of Australia (Foster J) dismissing the applicant's appeal against orders of the Federal Circuit Court of Australia.  The Federal Circuit Court (Judge Raphael) 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. 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 decision of Foster J made under s 25(2B) of the Federal Court of Australia Act 1976 (Cth) dismissing the applicant's appeal for failure of the applicant to attend the hearing of the appeal, in circumstances in which Foster J was satisfied that the appeal was hopeless. 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.

V.M. Bell
12 March 2014 S.J. Gageler