Applicant B51-2004, Ex parte - Re MIMIA & Ors

This matter concerned an application by Applicant B51-2004 for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The application was made ex parte, meaning only the applicant was present. The respondents were the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) and others.

The central legal issue before Callinan J was whether the applicant had established a "real prospect of success" on the merits of the proposed appeal to the High Court. This is the threshold test for granting leave to appeal under s 35A of the *Judiciary Act 1903* (Cth). The applicant sought to challenge the Full Federal Court's determination that the Minister's decision to refuse a protection visa was not affected by jurisdictional error.

Callinan J considered the applicant's arguments regarding alleged jurisdictional error in the original decision-maker's assessment of the applicant's claims for protection. His Honour reviewed the relevant legal principles concerning jurisdictional error, including the requirement for a substantial error of law that goes to the root of the power exercised. After examining the material before him and the grounds of the proposed appeal, Callinan J concluded that the applicant had not demonstrated a real prospect of success.

Consequently, Callinan J refused the applicant's application for leave to appeal to the High Court.