Haque, In the matter of an application for leave to issue or file

This matter concerned an application by AKM Azmerul Haque for leave to file an application for orders of certiorari and mandamus. The applicant sought to quash a decision by a delegate of the Minister for Immigration and Border Protection to refuse a nomination for an Employer Nomination (Class EN) Subclass 186 visa, and to compel the Minister to consider and determine his visa application. The application was heard in the High Court of Australia.

The legal issues before the Court were whether to grant leave to file an application for orders of certiorari and mandamus, and whether such an application would have merit. Specifically, the Court had to consider the applicant's entitlement to seek review of a nomination decision that had been refused due to a failure to provide requested information, and which the applicant had subsequently withdrawn. The Court also had to consider the impact of the extensive procedural history and the applicant's subsequent actions, including applications for other visa subclasses and judicial reviews of various decisions.

The Court dismissed the application for leave. His Honour reasoned that the applicant had withdrawn his Employer Nomination (Class EN) Subclass 186 visa application, and there was no obligation on the Minister to consider or accede to an application that had been withdrawn. Furthermore, the Court noted the extraordinary delay of over four years since the withdrawal of the nomination application. Given these factors, and that the proposed application for an order to show cause would be bound to fail, it would not be in the interests of justice to grant leave to file the proceeding.