Minister for Home Affairs v Ent19

Case [2022] HCASL 94

MINISTER FOR HOME AFFAIRS

v

ENT19

[2022] HCASL 94
S209/2021

  1. In light of the amendments to s 197C of the Migration Act 1958 (Cth), this application for special leave to appeal from a judgment of the Full Court of the Federal Court of Australia (Collier, Katzmann and Wheelahan JJ) raises no question of general principle sufficient to warrant the grant of special leave to appeal. Further, the proposed ground of appeal has insufficient prospects of success to warrant the grant of special leave to appeal. The application should be dismissed.

  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 with costs.

M.M. Gordon J.J. Edelman
5 May 2022
Details
AGLC
Minister for Home Affairs v Ent19 [2022] HCASL 94
Case
[2022] HCASL 94
Decision Date

CaseChat Overview and Summary

The applicant, Ent19, applied for special leave to appeal a decision of the Full Court of the Federal Court of Australia. The appeal related to amendments to section 197C of the Migration Act 1958 (Cth). Ent19's application was dismissed by the High Court, which held that no question of general principle was raised and that the proposed grounds of appeal had insufficient prospects of success.

The primary legal issue before the court was whether the application met the criteria for special leave to appeal, as outlined in the High Court Rules 2004 (Cth). The court considered whether the case presented a question of general principle or whether there were sufficient prospects of success for the appeal to proceed. The court also evaluated the significance of the proposed grounds of appeal in the context of the amendments to section 197C of the Migration Act.

In dismissing the application, the court determined that no question of general principle was presented, and the proposed grounds of appeal had insufficient prospects of success. The court found that the amendments to section 197C of the Migration Act did not warrant further consideration by the High Court. As a result, the application for special leave to appeal was dismissed, and the Registrar was directed to draw up, sign, and seal an order dismissing the application with costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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