Applicant A16-2004, Ex parte - Re MIMIA

This matter concerned an application by Applicant A16-2004 for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The application arose from proceedings before the Federal Court concerning the applicant's claim for protection as a refugee. The Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) was the respondent.

The central legal issue before Hayne J was whether the applicant had established a real chance of success on appeal to the High Court. This required an assessment of whether the Full Federal Court had erred in law in its determination of the applicant's refugee status. Specifically, the court needed to consider whether the Full Federal Court had correctly applied the principles of administrative law in reviewing the decision of the Refugee Review Tribunal.

Hayne J considered the applicant's submissions regarding the alleged errors of the Full Federal Court. His Honour noted that the applicant's case relied on the argument that the Full Federal Court had misconstrued the relevant provisions of the *Migration Act 1958* (Cth) and the *1951 Convention relating to the Status of Refugees*. However, after reviewing the material, Hayne J concluded that the applicant had not demonstrated a sufficient likelihood of error in the Full Federal Court's decision to warrant granting leave to appeal.

Leave to appeal was therefore refused.