Hari Das & Anor, Ex parte - Re MIMA & Anor

This matter concerned an application for leave to appeal to the High Court of Australia, brought by Hari Das and another party (the applicants), against the Minister for Immigration and Multicultural Affairs and another party (the respondents). The dispute arose from decisions made by the respondents concerning the applicants' applications for visas.

The primary legal issue before Hayne J, sitting in chambers, was whether the applicants had demonstrated an arguable case of error on the part of the primary decision-maker or the Administrative Appeals Tribunal, such that leave to appeal to the High Court should be granted. This involved considering whether the decisions below had given rise to a question of law that warranted the High Court's attention.

Hayne J considered the applicants' submissions regarding alleged errors in the application of relevant migration legislation and the interpretation of statutory provisions. His Honour applied the principles governing the grant of special leave to appeal, which require a significant question of law or a matter of public importance to be involved. After reviewing the material before him, Hayne J concluded that the applicants had not established that the decisions below involved an error of law of sufficient gravity to justify the High Court entertaining an appeal.

Consequently, leave to appeal was refused.