SZTEH v Minister for Immigration and Border Protection

[2014] HCASL 237

SZTEH

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2014] HCASL 237
S133/2014

1. The applicant is a citizen of Lebanon. On 23 April 2008, he applied for a Partner (Temporary) (Class UK) and a Partner (Residence) (Class BS) visa. On 30 March 2012, a delegate of the first respondent refused the applicant's application on the ground that he did not pass the character test in s 501(6) of the Migration Act 1958 (Cth). On 18 June 2012, the Administrative Appeals Tribunal ("the Tribunal") affirmed the decision of the delegate.

2. On 5 December 2013, the applicant filed an application in this Court seeking, inter alia, an order that the decision of the Tribunal be quashed.  On 6 June 2014, Bell J dismissed that application, holding that the application was filed out of time and there was no reason to grant an extension of time.  Her Honour considered that the applicant had not established an arguable case for the relief sought.

3. The applicant seeks leave to appeal against the decision of Bell J.  The application should be refused.  The decision of Bell J concerned a matter of practice and procedure and the application of settled principle.  An appeal from her Honour's decision would enjoy no prospects of success.  Leave is refused. 

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 December 2014 P.A. Keane