Applicants M42-2004 & Anor, Ex parte - Re MIMIA

This matter concerned an application for leave to appeal to the High Court of Australia by Applicants M42-2004 and another, against the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA). The applicants sought to challenge a decision of the Full Federal Court.

The central legal issue before Hayne J was whether the Full Federal Court had erred in its interpretation and application of the provisions of the *Migration Act 1958* (Cth) concerning the review of decisions made by the Refugee Review Tribunal. Specifically, the applicants contended that the Full Federal Court had misconstrued the scope of judicial review available under the Act.

Hayne J considered the principles governing the grant of special leave to appeal, particularly in the context of migration law. His Honour noted that the High Court does not grant leave to appeal merely to correct an error of law, but rather where the case raises a question of law that is of public importance or where there is a need to resolve differences of opinion between courts. After reviewing the submissions, Hayne J concluded that the case did not meet the threshold for the grant of special leave.

Special leave to appeal was refused.