Buadromo v Minister for Immigration and Border Protection

BUADROMO
v
MINISTER FOR IMMIGRATION AND BORDER PROTECTION
[2018] HCASL 377
S270/2018

The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Full Court of the Federal Court of Australia (Besanko, Barker and Bromwich JJ) allowing the respondent's appeal from the decision of the Federal Court of Australia (Flick J). An appeal to this Court would not enjoy sufficient prospects of success. Special leave should be refused.
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
5 December 2018 M.M. Gordon

CaseChat Overview and Summary

In Buadromo v Minister for Immigration and Border Protection, the applicant, Buadromo, sought special leave to appeal a decision of the Full Court of the Federal Court of Australia that allowed an appeal by the Minister for Immigration and Border Protection. The original decision of Flick J had ruled in favour of Buadromo, but the Full Court overturned this decision. Buadromo's appeal to the High Court aimed to challenge the Full Court's decision.

The central legal issue before the court was whether there existed a question of principle of general importance that warranted granting special leave to appeal. Additionally, the court had to assess if Buadromo had identified any arguable grounds for appeal against the Full Court's decision. The High Court needed to determine if the appeal had sufficient prospects of success to merit further consideration.

The High Court found that Buadromo had not identified a question of principle that was of general importance sufficient to warrant a grant of special leave to appeal. Furthermore, the Court found that Buadromo had not advanced any arguable grounds of appeal against the Full Court's decision. Given these findings, the High Court concluded that an appeal would not have sufficient prospects of success. Consequently, the Court refused to grant special leave to appeal. The Registrar was directed to draw up an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established