MD Zahidul Haque v Migration Agents Registration Authority

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MD ZAHIDUL HAQUE

v

MIGRATION AGENTS REGISTRATION AUTHORITY

[2017] HCASL 3
M147/2016

  1. The application for special leave to appeal is incompetent: s 33(2) of the Federal Court of Australia Act 1976 (Cth). In any event, the applicant has not identified a question of law sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Federal Court of Australia (Tracey J). An appeal to this Court would enjoy no prospect of success.

  2. 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
2 February 2017 		M.M. Gordon
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Details
Case
[2017] HCASL 3
Decision Date

CaseChat Overview and Summary

MD Zahidul Haque filed an application against the Migration Agents Registration Authority in the High Court of Australia, seeking special leave to appeal against a decision of the Federal Court of Australia. The Federal Court had dismissed an application by Haque for judicial review of the Authority's decision to cancel his registration as a migration agent. The High Court was required to determine whether the application for special leave to appeal was competent, and if so, whether it identified a question of law sufficient to warrant a grant of special leave to appeal.

The High Court found that the application for special leave to appeal was incompetent under section 33(2) of the Federal Court of Australia Act 1976 (Cth). The Court further found that Haque had not identified a question of law sufficient to warrant a grant of special leave to appeal, nor had he advanced any other arguable ground of appeal against the decision of the Federal Court. The Court held that an appeal to the High Court would enjoy no prospect of success.

The High Court directed the Registrar to draw up, sign and seal an order dismissing the application for special leave to appeal. The Court found that the application was incompetent and that Haque had not identified a sufficient question of law to warrant a grant of special leave to appeal. As such, the application was dismissed and the decision of the Federal Court remained undisturbed.

The High Court's decision in this case highlights the importance of identifying a sufficient question of law in order to obtain special leave to appeal. The Court found that Haque had not identified a question of law sufficient to warrant a grant of special leave to appeal, and as such, his application was dismissed. This decision serves as a reminder to applicants seeking special leave to appeal that they must identify a sufficient question of law in order to have their application considered by the High Court.

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