Xing Hui v Minister for Immigration and Citizenship
[2012] HCASL 70
XING HUI
v
MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
[2012] HCASL 70
S6/2012
The applicant, a citizen of the People's Republic of China, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Collier J) dismissing an appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Smith FM) dismissed the applicant's application for judicial review of a decision of the Migration Review Tribunal affirming a decision by a delegate of the Minister not to grant the applicant a Skilled – Independent Overseas Student (Residence) (Class DD) visa.
The Tribunal affirmed the delegate's decision on the basis that the applicant had not established that her qualifications were relevant to her nominated skilled occupation. The delegate had not addressed this issue. The Tribunal raised this issue with the applicant towards the end of the applicant's hearing before the Tribunal, and the Tribunal delivered its decision the following day. The applicant argued that she had been denied procedural fairness.
Relying on this Court's decision in SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63, both Smith FM and Collier J held that the Tribunal's procedures did not give rise to jurisdictional error.
As the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.
There are insufficient reasons to doubt the correctness of the decisions of the courts below. An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
7 K.M. Hayne
8 10 May 2012
S.M. Crennan