Hassan v Minister for Immigration & Border Protection

The applicant, Mr Hassan, sought judicial review of a decision made by the Migration Review Tribunal. The Minister for Immigration and Border Protection was the respondent. The proceedings before the Federal Circuit Court concerned a show cause hearing conducted pursuant to rule 44.12 of the Federal Circuit Court Rules 2001 (Cth).

The central legal issue before the Court was whether Mr Hassan had an arguable case for the relief he claimed. This required the Court to assess whether there was a reasonably arguable basis for his application for judicial review.

Justice Emmett found that Mr Hassan did not present an arguable case for the relief sought. Consequently, the Court dismissed the application.