Xie v MIMIA

[2006] HCATrans 221

[2006] HCATrans 221

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B98 of 2005

B e t w e e n -

BIN XIE

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 10 MAY 2006, AT 9.21 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant is a citizen of the People’s Republic of China.  A delegate of the respondent refused to grant him a student visa on the ground that he had failed to sit for a particular examination.  The applicant lodged an application with the Migration Review Tribunal seeking review of that decision, but the Tribunal held that the application had been lodged two days late, and that it had no jurisdiction to consider the application because it had no power to extend time.

The Federal Magistrates Court (Baumann FM), after considering the Migration Act 1958 (Cth), ss 338(2), 347(1)(b), 347(5) and 494C(4)(a), and the Migration Regulations (Cth), reg 4.10(1)(a), held that the Tribunal’s conclusion was soundly based.

The Full Federal Court (Spender, Kiefel and Dowsett JJ), after a close examination of the legislation, dismissed an appeal.

The papers filed in support of the applicant’s application for special leave to appeal do not reveal any ground having sufficient prospects of success to justify the grant of special leave.  In addition, no reason has been given for the failure of the applicant to file the application to this Court within time.  Leave to extend time is refused and the application is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.23 AM THE MATTER WAS CONCLUDED