Karim v Minister for Home Affairs

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KARIM

v

MINISTER FOR HOME AFFAIRS & ANOR

[2019] HCASL 313
S241/2019

  1. The applicant seeks special leave to appeal from a judgment of the Federal Court of Australia (Perram J) dismissing the applicant's appeal from the dismissal by the Federal Circuit Court of Australia (Judge Baird) of the applicant's application for judicial review of the decision of the Administrative Appeals Tribunal to affirm the decision of a delegate of the first respondent to refuse the applicant's application for an Other Family (Residence) (Class BU) visa under s 65 of the Migration Act 1958 (Cth).

  2. The applicant advances no question of law sufficient to warrant a grant of special leave and no reason to doubt the correctness of the Federal Court's judgment.

  3. 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.

G.A.A Nettle M.M Gordon
10 October 2019
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Details
Case
[2019] HCASL 313
Decision Date

CaseChat Overview and Summary

In the case of Karim v Minister for Home Affairs, the applicant sought special leave to appeal a decision of the Federal Court of Australia. The applicant had previously sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) to affirm a delegate's decision to refuse the applicant's application for an Other Family (Residence) (Class BU) visa under the Migration Act 1958 (Cth). The Federal Court dismissed the applicant's appeal from the Federal Circuit Court of Australia, which had itself dismissed the application for judicial review.

The legal issues the court was required to decide involved the correctness of the Federal Court's judgment in dismissing the applicant's appeal and whether there were sufficient grounds for granting special leave to appeal. The applicant needed to demonstrate a question of law that warranted the grant of special leave and provide a reason to doubt the correctness of the Federal Court's judgment.

The High Court found that the applicant had not advanced any question of law sufficient to warrant a grant of special leave nor provided a reason to doubt the correctness of the Federal Court's judgment. Therefore, the court concluded that the application for special leave should be dismissed. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application.

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