SZEZW v MIMIA & Anor

The parties to this proceeding were SZEZW (the applicant) and MIMIA and another (the respondents). The dispute concerned an application for leave to appeal against a decision of the Full Federal Court. The High Court of Australia was required to determine whether to grant leave to appeal.

The central legal issue before the High Court was whether the Full Federal Court had erred in its interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) concerning the review of decisions made by the Migration Review Tribunal. Specifically, the applicant sought to challenge the Full Federal Court's findings regarding the scope of judicial review available for certain types of migration decisions.

The High Court, in considering the application for leave to appeal, examined the arguments presented by the applicant and the respondents. Their Honours Hayne and Crennan JJ ultimately concluded that the case did not raise a question of law that warranted the grant of special leave to appeal. The High Court found that the Full Federal Court's decision was consistent with established principles of administrative law and the *Migration Act*.

Special leave to appeal was refused.