Special Leave Applications to the High Court
Parties wishing to appeal from a judgment of the Federal Court to the High Court of Australia, are required to file a special leave application with the High Court.
This page updates the status of any such applications.
Currency/completeness of information: Updating of this page is dependant upon information being supplied to the Court; the Court cannot guarantee that the information is complete, up-to-date, or accurate. Refer to our website disclaimer.
Source: High Court of Australia Special Leave Application Results and Notices to the Federal Court of application for leave to appeal.
In order of the date of the Federal Court judgment.
2026 Federal Court delivered judgments
10 Apr 2026: GMM18 v Minister for Immigration and Citizenship [2026] FCA 400
HESPE J
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Protection (Class XA) (Subclass 866) visa under the Migration Act 1958 (Cth) – whether Tribunal fell into jurisdictional error in refusing to accept the appellant’s claims
Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 159
23 Mar 2026: Patel v Minister for Immigration and Citizenship [2026] FCA 348
LEE J
MIGRATION – judicial review – application dismissed in the Federal Circuit Court of Australia – appeal from primary judge’s decision – refusal of Employer Nomination (subclass 186) visa to applicants – where employer’s nomination was refused – where requirements of cl 186.223 of Sch 2 to the Migration Regulations 1994 (Cth) were not satisfied
Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 161
27 Mar 2026: Anderson v Stonnington City Council [2026] FCAFC 34
BANKS-SMITH, DOWLING AND MCDONALD JJ
BANKRUPTCY AND INSOLVENCY – appeal from dismissal of application to set aside bankruptcy notice on the basis of a cross demand – where appellants alleged claims in tort against respondent Council relating to grant of heritage overlay over property – claims in tort enunciated on general and speculative level – where primary judge dismissed application on the basis that the appellants had failed to establish a prima facie cross demand and it was not just to allow the…
Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused [2026] HCADisp 127
27 Mar 2026: EUC19 v Minister for Immigration and Citizenship [2026] FCA 364
SHARIFF J
MIGRATION – decision of delegate of Minister to refuse protection visa under s 65 of the Migration Act 1958 (Cth) – Administrative Appeals Tribunal (Tribunal) affirmed decision of Minister’s delegate – judicial review of decision of Tribunal – where primary judge affirmed decision of Tribunal – no error identified in primary judgment – appeal dismissed
Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 156
20 Mar 2026: Wang v Minister for Immigration and Citizenship [2026] FCA 310
SARAH C DERRINGTON J
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of the Minister not to grant the appellant a subclass 820 temporary partner visa – where sponsor withdrew her sponsorship – where Tribunal not satisfied that appellant established claim of non-judicially determined family violence – where appellant …
Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 153
17 Mar 2026: Fair Work Ombudsman v Torrens University Australia Limited [2026] FCAFC 17
LEE J
INDUSTRIAL LAW – review of compliance notice issued pursuant to s 716(2) of Fair Work Act 2009 (Cth) – interpretation of Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – Academic Staff – Award 2020 (Awards) – construction of “associated working time” in hourly payment rates for lecturing by casual academics in Awards – where associated working time compensates lecture delivery together with the limited body of work associated with that…
Status of Appeal to High Court - 6 August 2026: HCA - Special leave refused [2026] HCADisp 169
9 Mar 2026: Archer v Minister for Immigration and Citizenship [2026] FCAFC 20
BROMWICH, THAWLEY AND KENNETT JJ
MIGRATION – whether power in s 501BA(2) of the Migration Act 1958 (Cth) is subject to an implied limitation that it be exercised within a reasonable period of time – where point has been decided in Minister for Immigration and Multicultural Affairs v XMBQ [2026] FCAFC 19 – held: no implied temporal limitation on the power in s 501BA(2) MIGRATION – whether Minister’s exercise of power in s 501BA(2) of the Migration Act was unreasonable – where appellant was convicted of an…
Status of Appeal to High Court - 6 August 2026: HCA - Special leave granted [2026] HCADisp 165
9 Mar 2026: Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19
BROMWICH, THAWLEY AND KENNETT JJ (315 FCR 207)
ADMINISTATIVE LAW – MIGRATION – appeal from orders setting aside Minister’s decision – where the respondent arrived in Australia as a holder of a Class XB Subclass 200 Refugee visa – where the respondent was convicted of multiple offences – where the respondent’s visa was cancelled – where the then Administrative Appeals Tribunal (the Tribunal) decided to revoke a decision to cancel the respondent’s visa – where the respondent’s visa was cancelled by the Minister exercising…
Status of Appeal to High Court - 6 August 2026: HCA - Special leave granted [2026] HCADisp 164
17 Feb 2026: Frigger v Professional Services of Australia Pty Ltd [2026] FCAFC 9
SNADEN, O'SULLIVAN AND NESKOVCIN JJ
CORPORATIONS – appeal from decision to dismiss application to remove company from register under s 1322(4)(b) of the Corporations Act 2001 (Cth) – where company registered on 5 June 1998 under Pt 2.2 of the Corporations Law (WA) 1990 – whether primary judge erred in finding company validly registered notwithstanding assumed non-compliance with requirements for the memorandum of association – whether certificate of registration of company conclusive evidence of registration – …
Status of Appeal to High Court - 7 May 2026: HCA - Special leave refused [2026] HCADisp 108
17 Feb 2026: Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10
MCELWAINE, FEUTRILL AND WHEATLEY JJ (314 FCR 504)
TAXATION – appeal – objection to amended assessments disallowing deductions and imposing administrative penalties – deductions claimed to be service fees paid under contracts for use of related party trust assets – contract inferred from conduct – no objective manifestation of mutual assent to contract on certain terms between taxpayers and related party – no conduct consistent with liability to pay claimed service fees
Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused with costs [2026] HCADisp 140
12 Feb 2026: Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2026] FCAFC 7
MOSHINSKY, SARAH C DERRINGTON AND HILL JJ (314 FCR 534)
NATIVE TITLE – future act regime – right to negotiate – expedited procedure – where the Government party gave notices pursuant to s 29 of the Native Title Act 1993 (Cth) (NTA) of proposed grants of exploration licences – where each notice included a statement as referred to in s 29(7) of the NTA that the Government party considered that the act was an act attracting the expedited procedure – where native title parties applied for judicial review of alleged decision of the…
Status of Appeal to High Court - 11 June 2026: HCA - Special leave granted [2026] HCADisp 143
11 Feb 2026: Luong v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 6
CHARLESWORTH, KYROU AND NESKOVCIN JJ (315 FCR 159)
MIGRATION – appeal from decision to dismiss application for judicial review of Minister’s decision to cancel appellant’s visa – whether Minister misunderstood or misapplied national interest – whether national interest requires conduct in question to have a national element – circumstances in which Minister required to inquire and obtain up to date information – relevance of expectations of Australian community – role of proportionality in assessment of national interest
Status of Appeal to High Court - 11 June 2026: HCA - Special leave refused with costs [2026] HCADisp 146
23 Jan 2026: Roberts v Magistrate Gett [2026] FCAFC 3
BROMWICH, ABRAHAM AND VANDONGEN JJ (314 FCR 354)
PRACTICE AND PROCEDURE - appeals - whether appeal moot CRIMINAL LAW - appeal against dismissal of application for judicial review of decision to order forensic procedure - whether substantive grounds of review before primary judge established - whether Deputy Chief Magistrate misapplied s 23WT of the Crimes Act 1914 (Cth) - whether Deputy Chief Magistrate failed to afford procedural fairness - no error established - appeal dismissed
Status of Appeal to High Court - 7 May 2026: HCA - Special leave refused with costs [2026] HCADisp 113
