Hu & Ors v MIMIA & Anor

[2006] HCATrans 564

[2006] HCATrans 564

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S122 of 2006

B e t w e e n -

JOO SUNG HU

First Applicant

SINAE NHO

Second Applicant

EUNICE HU

Third Applicant

CHAN HU

Fourth Applicant

JOON HU

Fifth Applicant

WON HU

Sixth Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.43 AM

Copyright in the High Court of Australia

__________________

GUMMOW J:   The first applicant, a citizen of Korea, applied, together with his wife and children, for a temporary business entry visa – a Subclass 457 visa.  An application for that kind of visa requires support from an approved business sponsor.  The Korean Television Network applied for approval as a business sponsor at the same time.  Both its and the applicants’ applications were rejected on 18 June 2001.  The reason why the application of the first applicant and his family was rejected was that he had not been nominated by an approved business sponsor.

The Migration Review Tribunal refused an application for review on the ground that the delegate was correct.  The Federal Magistrates Court (Raphael FM) dismissed an application for judicial review, and Allsop J dismissed an appeal, on the ground that the first applicant did not have an approved business sponsor. 

The applicants’ application for special leave to appeal to this Court must be dismissed, because there is no possibility that they will demonstrate error if special leave were granted.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.44 AM THE MATTER WAS CONCLUDED