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

The applicant, SZRUJ, sought special leave to appeal from a judgment of the Federal Court delivered on 26 August 2013. The application for special leave was filed on 4 September 2017, but was deemed abandoned due to the applicant's failure to progress it in accordance with rule 41.07.6 of the High Court Rules 2004 (Cth). The applicant also sought an order restraining the Minister for Immigration, Multicultural Affairs and Citizenship from removing him from the migration zone. The proceedings were before the High Court of Australia.

The primary legal issue before the High Court was whether the applicant's application for special leave to appeal should be reinstated, given its abandonment and the significant delay in filing. A secondary issue was whether an order restraining the applicant's removal from the migration zone should be granted, contingent on the reinstatement of the special leave application.

The High Court dismissed the application for reinstatement. His Honour noted that the application for special leave required a substantial extension of time, and the applicant had not provided any explanation for the delay or demonstrated any prospects of success on appeal. Consequently, the Court considered it futile to reinstate the application. As the application for special leave had not been reinstated, the Court found no basis for an order preventing the applicant's removal from the migration zone. The applicant's summons was therefore dismissed.