SZRUJ v Minister for Immigration, Multicultural Affairs and Citizenship & Anor

[2017] HCATrans 270

[2017] HCATrans 270

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S196 of 2017

B e t w e e n -

SZRUJ

Applicant

and

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP

First Respondent

PETER McDERMOTT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

Publication of reasons

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 20 DECEMBER 2017, AT 8.30 AM

Copyright in the High Court of Australia

HIS HONOUR:   For reasons that I now publish, I dismiss this application.  I instruct that the reasons as published are incorporated into the transcript.

The applicant seeks to have his application for special leave to appeal from the judgment of the Federal Court given on 26 August 2013 reinstated. His application for special leave to appeal was filed on 4 September 2017, and the applicant failed to progress his application in accordance with r 41.07.6 of the High Court Rules 2004 (Cth). Accordingly, it was deemed to be abandoned.

More significantly, the application for special leave to appeal requires a substantial extension of time in order for it to proceed given that it concerns a judgment delivered on 26 August 2013.  The material filed by the applicant does not explain his delay in seeking to challenge that judgment, nor does the applicant identify any reason to conclude that he has any prospects of success in the appeal foreshadowed by his application.  The application for special leave to appeal would not be allowed to proceed in these circumstances.  It would be futile to reinstate the application.  Accordingly, the application for reinstatement should be dismissed. 

The application also seeks an order restraining the first respondent from taking any step to remove him from the migration zone pending the determination of his application for special leave.  Given that the application for special leave has not been reinstated, there is no basis for an order preventing his removal from the migration zone.

The applicant’s summons should be dismissed.

The Court will now adjourn until 3.30 pm on 5 February 2018 in Canberra.

AT 8.31 AM THE MATTER WAS CONCLUDED