Luu, Ex parte - Re MIMA

This matter concerned an application by Mr Luu 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 Minister's decision to refuse to grant Mr Luu a protection visa.

The primary legal issue before Hayne J was whether the Full Federal Court had erred in law in its interpretation and application of s 474 of the *Migration Act 1958* (Cth). Specifically, the court was required to determine whether the Full Federal Court had correctly applied the principles established in *Minister for Immigration and Multicultural Affairs v Eshetu* regarding the scope of judicial review of decisions made under the Act.

Hayne J considered the arguments presented by Mr Luu and the Minister, focusing on the nature of the alleged errors of law by the Full Federal Court. His Honour reviewed the relevant provisions of the *Migration Act* and the jurisprudence concerning the limits of judicial review in migration matters. The reasoning centred on whether the Full Federal Court had impermissibly engaged in a merits review of the Minister's decision, rather than confining itself to identifying jurisdictional error.

Leave to appeal was refused.