Lu, Ex parte - Re MIMA

This matter concerned an application by Mr Lu for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute involved the Minister for Immigration and Multicultural Affairs (MIMA) and concerned the validity of a decision made by the Minister to refuse to grant Mr Lu a visa. Mr Lu had sought judicial review of the Minister's decision in the Federal Court, which was dismissed. He then appealed to the Full Federal Court, which also dismissed his appeal.

The primary legal issue before Hayne J, sitting in chambers, was whether Mr Lu had demonstrated an arguable case of error on the part of the Full Federal Court, thereby justifying the grant of special leave to appeal to the High Court. This required an assessment of whether the Full Federal Court had erred in law in its consideration of Mr Lu's appeal against the primary judge's decision.

Hayne J considered the grounds of appeal advanced by Mr Lu, which related to the interpretation and application of provisions within the *Migration Act 1958* (Cth) and associated regulations. His Honour found that the arguments presented by Mr Lu did not raise a question of law of sufficient importance to warrant the grant of special leave to appeal to the High Court. The Full Federal Court's decision was found to have correctly applied established legal principles to the facts of the case, and no arguable error was identified.

Special leave to appeal was therefore refused.