Samarakoon, Ex parte - Re MIMIA

This matter concerned an application by Mr Samarakoon for leave to appeal to the High Court of Australia against a decision of the Full Court of the Federal Court of Australia. The dispute arose from an application made by Mr Samarakoon to the Administrative Appeals Tribunal (AAT) concerning a decision by the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) to refuse to grant him a visa. The AAT affirmed the Minister's decision, and the Federal Court subsequently dismissed Mr Samarakoon's appeal from the AAT's decision.

The primary legal issue before Hayne J, sitting in chambers, was whether Mr Samarakoon had established an arguable case of error of law in the decision of the Full Court of the Federal Court, which is a prerequisite for granting special leave to appeal to the High Court. Specifically, the court needed to consider whether the Federal Court had erred in its interpretation or application of the relevant provisions of the *Migration Act 1958* (Cth) or the *Administrative Decisions (Judicial Review) Act 1977* (Cth) in dismissing Mr Samarakoon's appeal.

Hayne J found that Mr Samarakoon had not demonstrated an arguable case of error of law. His Honour noted that the grounds of appeal raised by Mr Samarakoon were essentially factual or involved a re-argument of matters that had already been considered and rejected by the Federal Court. The High Court's jurisdiction to grant special leave to appeal is exceptional, and it requires the demonstration of a significant question of law or a matter of public importance, neither of which was established in this instance.

Special leave to appeal was therefore refused.