Viet Ha Le v Minister for Immigration and Citizenship

[2011] HCASL 153

VIET HA LE
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2011] HCASL 153
M166/2010

1. The applicant seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Marshall J) dismissing the applicant's appeal against orders of the Federal Magistrates Court.  The Federal Magistrate (Riethmuller FM) had dismissed the applicant's application for judicial review of a decision of the Migration Review Tribunal.  The Tribunal had held that it did not have jurisdiction to review a decision by a delegate of the Minister with respect to an application for approval as a standard business sponsor in connection with an application for a temporary business entry visa because the fee payable in respect of the application to the Tribunal had not been paid.

2. The applicant twice asked the Tribunal to waive the requirement for payment of the fee and the Tribunal refused each request.  The Federal Magistrate treated the application to the Federal Magistrates Court as extending to judicial review of the Tribunal's decision to refuse a fee waiver and it was this aspect of the matter that was the focus of the application for special leave.

3. The applicant advances no arguable reason to doubt the correctness of the conclusions reached by Marshall J.

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
6 October 2011 S.M. Crennan