Devasahayam & Anor, Ex parte - Re Minister for Immigration

This matter concerned an application for leave to appeal to the High Court of Australia by the applicants, Devasahayam and another, against the Minister for Immigration. The dispute arose from a decision of the Federal Court of Australia concerning the applicants' immigration status.

The primary legal issue before Hayne J, sitting in chambers, was whether the applicants should be granted leave to appeal the decision of the Federal Court. This required an assessment of whether the proposed appeal raised a question of law that ought to be determined by the High Court, considering the significance of the legal issues and the prospects of success.

Hayne J considered the nature of the Federal Court's decision and the grounds upon which leave to appeal was sought. His Honour applied the principles governing the grant of special leave to appeal to the High Court, which generally requires the appeal to involve a matter of public importance or a question of law that has not been settled by the High Court, or that is of such importance that it warrants reconsideration. After reviewing the material before him, Hayne J determined that the applicants had not demonstrated that the proposed appeal met the threshold for the grant of special leave.

Consequently, special leave to appeal was refused.