WZARE v Minister for Immigration and Citizenship

[2013] HCASL 165

WZARE

v

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 165
P29/2013

1. The applicant seeks special leave to appeal against the orders of the Federal Court of Australia (Barker J) dismissing an appeal against orders of the Federal Magistrates Court of Australia.  By those orders, the Federal Magistrate (Lindsay FM) dismissed the applicant's claim for judicial review of the decision of the Refugee Review Tribunal to affirm the decision not 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. Barker J concluded that the applicant had identified no jurisdictional error by the Tribunal and no error in Lindsay FM reaching that conclusion.

4. There is no reason to doubt the correctness of these conclusions.  An appeal to this Court would, therefore, not enjoy sufficient prospects of success to warrant a grant of special leave.

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

K.M. Hayne
9 October 2013 S.M. Crennan