Se, Ex parte- Re Minister for Immigration & Multicultural Affairs

This matter concerned an application for leave to appeal to the High Court of Australia by the Minister for Immigration and Multicultural Affairs against a decision of the Federal Court of Australia. The applicant, Se, had sought judicial review of a decision made by the Minister to refuse to grant him a protection visa. The Federal Court had quashed the Minister's decision and remitted the matter for reconsideration.

The central legal issue before Hayne J was whether the Minister should be granted leave to appeal the Federal Court's decision. This required consideration of whether the appeal raised a question of law that was of general public importance or whether it was otherwise in the interests of the administration of justice that the High Court grant leave.

Hayne J considered the nature of the error identified by the Federal Court in the Minister's decision-making process. His Honour noted that the Federal Court had found that the Minister had failed to give adequate reasons for the refusal of the protection visa. In determining whether to grant leave, Hayne J applied the principles governing the grant of special leave to appeal, focusing on the significance of the legal question raised and the potential impact on the administration of justice.

Leave to appeal was refused.