SZDRY v MIMIA & Anor

The applicants, SZDRY and MIMIA, were parties to a dispute before the High Court of Australia, presided over by Hayne and Crennan JJ. The nature of the dispute concerned an application for special leave to appeal from a decision of the Full Federal Court.

The primary legal issue before the High Court was whether the Full Federal Court had erred in its interpretation and application of the *Migration Act 1958* (Cth) and associated regulations, specifically concerning the validity of a decision made by the Minister for Immigration and Multicultural and Indigenous Affairs. The applicants sought to challenge the lawfulness of the Minister's decision to refuse to grant them a visa.

The High Court considered whether the Full Federal Court had correctly determined that the Minister's decision was not vitiated by jurisdictional error. Their Honours examined the scope of judicial review available in migration matters and the principles governing the exercise of ministerial discretion. The Court ultimately found that no arguable error of law had been demonstrated by the applicants, and therefore, special leave to appeal was refused.