Minister for Immigration, Multicultural Affairs and Citizenship v SZRNY

The High Court has now revoked special leave to appeal against the decision of the Full Federal Court in SZRNY. Following the Minister’s delegate’s refusal of SZRNY’s application for a protection visa on 12 March 2012, a letter containing its decision and reasons for the refusal was sent to the wrong address. The letter was later re-sent, however SZRNY was not notified until 28 May 2012. Between 12 March and 28 May, an amendment to the Migration Act came into effect and added a new criterion to the list of criteria for the grant of a protection visa that applies to any application that had not yet been ‘finally determined’ before 24 March 2012. The central issue in SZRNY’s appeals has been whether the application was ‘finally determined’ within the meaning of s 5(9)(a) of the Migration Act 1958 (Cth), which provides that an application is finally determined when a decision has been made that is not or is no longer subject to any form of review. A majority of the FCAFC held that final determination occurred when both the Secretary and the applicant are notified (as required by ss 430A(1) and (2)). The Full Court heard the appeal on 13 June 2014, but revoked special leave at that hearing. Amendments to the Migration Act 1958 (Cth) that came into effect on 28 May 2014 have now changed the provisions which were to be examined in the High Court appeal: consequently the case is no longer of public importance.

Result Special leave revoked
High Court Documents MIMAC v SZRNY
Full Court Hearing [2014] HCATrans 122  13 June 2014
Special Leave Hearing [2014] HCATrans 54  14 March 2014
Appeal from FCAFC [2013] FCAFC 104 11 September 2013
Judgment, FCCA
[2012] FCCA 197 7 May 2013
RRT Determination Case No 1110684 12 March 2012
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About Martin Clark

Martin Clark is a PhD Candidate and Judge Dame Rosalyn Higgins Scholar at the London School of Economics and Political Science and Research Fellow at Melbourne Law School. He holds honours degrees in law, history and philosophy from the University of Melbourne, and an MPhil in Law from MLS. While at MLS, he worked as a researcher for several senior faculty members, was a 2012 Editor of the Melbourne Journal of International Law, tutor at MLS and various colleges, a Jessie Legatt Scholar, and attended the Center for Transnational Legal Studies Program.