Acm15 v Minister for Home Affairs

ACM15
v
MINISTER FOR HOME AFFAIRS & ANOR
[2019] HCASL 184
M39/2019

The applicant seeks special leave to appeal from a decision of the Federal Court of Australia (Kenny J) dismissing an appeal from a decision of the Federal Circuit Court of Australia (Judge Wilson) dismissing the applicant's application for judicial review of the decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal) to affirm a decision of a delegate of the first respondent not to grant the applicant a Protection (Class XA) visa.
The applicant identifies no question of principle which it would be in the interests of justice for this Court to consider and merely repeats grounds of appeal advanced below without essaying a demonstration of error in their rejection. There is no reason to doubt the correctness of the Federal Court's decision. An appeal to this Court would enjoy no prospect of success.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A Nettle M.M Gordon

12 June 2019

CaseChat Overview and Summary

The case of ACM15 v Minister for Home Affairs involves an applicant, ACM15, who seeks special leave to appeal a decision of the Federal Court of Australia. The Federal Court had dismissed an appeal from a decision of the Federal Circuit Court of Australia, which in turn had dismissed an application for judicial review brought by the applicant against a decision of the Refugee Review Tribunal (now the Administrative Appeals Tribunal). The original decision was a refusal by a delegate of the Minister for Home Affairs to grant the applicant a Protection (Class XA) visa.

The legal issues that the court needed to decide in this case were primarily focused on whether there was any error in the Federal Court's decision to dismiss the appeal. The applicant had not identified any specific question of principle that would justify the High Court's intervention, nor had they demonstrated any error in the rejection of their grounds of appeal. The court had to consider whether the Federal Court's decision was correct and if the appeal to the High Court had any prospect of success.

In its reasoning, the court noted that there was no reason to doubt the correctness of the Federal Court's decision. The applicant had merely repeated the grounds of appeal without adequately demonstrating any error. The court found that the appeal to the High Court would enjoy no prospect of success. As such, the application for special leave to appeal was dismissed, and the court directed the Registrar to draw up, sign and seal an order dismissing the application. This decision was made on 12 June 2019, by Justices Nettle and Gordon.

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