Yenugudhati v MIMIA

[2006] HCATrans 96

[2006] HCATrans 096

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M118 of 2005

B e t w e e n -

GOPI KRISHNA YENUGUDHATI

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 7 MARCH 2006, AT 9.51 AM

Copyright in the High Court of Australia

GUMMOW J:   A delegate of the respondent cancelled the applicant’s student visa on the ground of non-compliance with a condition requiring the applicant to achieve an academic result certified by the education provider (Swinburne University) to be at least satisfactory. 

The Migration Review Tribunal held that despite evidence that Swinburne University would permit the applicant to re-enrol and that the University of Ballarat had offered him a place, Swinburne University had not provided the necessary certificate, and the delegate’s decision had to stand. 

An application for judicial review to the Federal Magistrates Court was dismissed:  the applicant failed to appear.  A purported appeal to the Federal Court of Australia was dismissed because leave was needed and it had not been sought.  That Court also indicated that it would have been futile to grant leave since an appeal would have no prospects of success. 

The same is true of an appeal to this Court.  Accordingly, the application for special leave must be 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 9.52 AM THE MATTER WAS CONCLUDED