Raibevu v Minister for Home Affairs

RAIBEVU
v
MINISTER FOR HOME AFFAIRS
[2021] HCASL 83
S170/2020

The applicant seeks special leave to appeal from a decision of the Full Court of the Federal Court of Australia (Perram, Markovic and Charlesworth JJ) dismissing an appeal from the Federal Court of Australia (Flick J), dismissing an application for judicial review of a decision of a delegate of the respondent to cancel the applicant's visa pursuant to s 501CA of the Migration Act 1958 (Cth).
Three of the five grounds raised in this application were not raised in the Federal Court and leave to rely on the remaining grounds was refused by the Full Court. In any event, each ground has insufficient prospects of success to merit the grant of special leave. Accordingly, special leave should be refused.
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.

S.J. Gageler
15 April 2021 S.H.P. Steward

CaseChat Overview and Summary

Raibevu sought special leave to appeal from the Full Court of the Federal Court of Australia's dismissal of an appeal from a Federal Court decision. The appeal concerned the cancellation of the applicant's visa under section 501CA of the Migration Act 1958 (Cth). The applicant's application for special leave to appeal was based on several grounds, three of which were not previously raised in the Federal Court. The Full Court denied leave to rely on the remaining grounds and found that each ground had insufficient prospects of success to warrant special leave.

The court was tasked with deciding whether the applicant had grounds for special leave to appeal the Full Court's decision. This involved assessing whether the grounds raised had sufficient merit to justify the High Court's intervention. The court considered the applicant's arguments regarding the grounds and concluded that none of them had a reasonable prospect of success. The Full Court's decision was found to be sound and appropriate given the circumstances.

The court found that the Full Court's decision was correct in dismissing the appeal and denying leave to rely on the remaining grounds. The court determined that there was no basis for the High Court to grant special leave to appeal. The court found that the grounds of appeal did not present a significant legal issue or an error of law that would warrant the High Court's intervention. The court also noted that the Full Court had exercised its discretion appropriately in denying leave to rely on the remaining grounds.

The High Court dismissed the application for special leave to appeal and ordered the Registrar to draw up, sign, and seal an order dismissing the application with costs. This decision confirms that the Full Court's dismissal of the appeal and its denial of leave to rely on the remaining grounds was correct and that there were no grounds for the High Court to intervene in this matter.

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