Applicant M266-2003, Ex parte - Re MIMIA & Anor

This matter concerned an application by Applicant M266-2003 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 before the court. The respondents were the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) and the Commonwealth of Australia.

The central legal issue before Hayne J was whether the applicant had established a sufficient likelihood of error in the Full Federal Court's decision to warrant granting leave to appeal. This required an assessment of the applicant's arguments against the existing legal framework governing appeals to the High Court, particularly concerning the threshold for demonstrating an arguable case of error.

Hayne J considered the applicant's submissions regarding the Full Federal Court's interpretation of relevant immigration legislation and the application of established legal principles. His Honour found that the applicant had not demonstrated a sufficient likelihood that the Full Federal Court had erred in its decision, nor that the case raised a question of law that ought to be reviewed by the High Court.

Consequently, leave to appeal was refused.