Dusko Tesic v Minister for Immigration and Border Protection

Case [2017] HCASL 271


DUSKO TESIC

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

[2017] HCASL 271
B36/2017

  1. The applicant seeks special leave to appeal from a judgment of the Full Court of the Federal Court of Australia.  The application does not involve a question of principle of general importance and we see no reason to doubt the correctness of the Full Court's conclusion.  In our view, an appeal to this Court would enjoy no prospect of success. 

  2. 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 with costs.

V.M. Bell
12 October 2017
G.A.A. Nettle
Details
AGLC
Dusko Tesic v Minister for Immigration and Border Protection [2017] HCASL 271
Case
[2017] HCASL 271
Decision Date

CaseChat Overview and Summary

In the case of Dusko Tesic v Minister for Immigration and Border Protection, the applicant, Dusko Tesic, sought special leave to appeal against a decision of the Full Court of the Federal Court of Australia. The dispute revolves around the applicant's immigration status and the legality of his detention. The High Court was tasked with determining whether to grant the applicant special leave to appeal the decision of the Full Court.

The legal issues at the core of this case pertain to the merits of the Full Court's judgment and whether the application involved a question of principle of general importance. The court also considered whether there was any reason to doubt the correctness of the Full Court's conclusion and whether an appeal to the High Court would have a prospect of success.

Upon evaluating the application, the High Court found that it did not involve a question of principle of general importance. The court saw no reason to doubt the correctness of the Full Court's conclusion and concluded that an appeal to the High Court would enjoy no prospect of success. Consequently, the High Court decided to dismiss the application for special leave to appeal. In accordance with rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to prepare, sign, and seal an order dismissing the application with costs.

The final orders of the High Court dismissed the application for special leave to appeal and awarded costs to the respondent, the Minister for Immigration and Border Protection.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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