SZRIE v Minister for Immigration and Citizenship and Anor

SZRIE

MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR

[2013] HCASL 111
S34/2013

The applicant, a citizen of India, seeks special leave to appeal against orders of a single judge of the Federal Court of Australia (Bennett J) dismissing the applicant's appeal against orders of the Federal Magistrates Court. The Federal Magistrate (Nicholls FM) dismissed an application for judicial review of the decision of the Refugee Review Tribunal to affirm the decision by a delegate of the first respondent to refuse to grant the applicant a Protection (Class XA) visa.
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.
There is no reason to doubt the correctness of the decision below. An appeal to this Court would enjoy no prospect of success.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
26 June 2013

S.M. Crennan

CaseChat Overview and Summary

In the case of SZRIE v Minister for Immigration and Citizenship and Anor, the applicant, a citizen of India, sought special leave to appeal against the orders made by a single judge of the Federal Court of Australia, Bennett J. The applicant's appeal was against the orders of the Federal Magistrates Court, which dismissed his application for judicial review of the decision of the Refugee Review Tribunal. This tribunal had affirmed the decision of a delegate of the Minister for Immigration and Citizenship to refuse the grant of a Protection (Class XA) visa to the applicant.

The legal issues before the court involved the correctness of the decisions made by the Federal Magistrate and the Federal Court, and whether there was a prospect of success if the appeal were to be heard by the High Court. Given that the applicant was unrepresented, the application fell under the provisions of rule 41.10 of the High Court Rules 2004. The court had to determine whether the decisions made by the lower courts were correct and if an appeal to the High Court had any chance of success.

The court found no reason to doubt the correctness of the decisions made by the Federal Magistrates Court and the Federal Court. It was determined that the appeal to the High Court would not have a prospect of success. As a result, the application for special leave to appeal was dismissed. The court directed the Registrar to draw up, sign, and seal an order dismissing the application, in accordance with rule 41.10.5 of the High Court Rules 2004. The order was signed by Justices Hayne and Crennan on 26 June 2013.

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