Liu v MIMIA

[2005] HCATrans 1020

[2005] HCATrans 1020

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S393 of 2005

B e t w e e n -

XUEREN LIU

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

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, 15 DECEMBER 2005, AT 9.34 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant’s application for a temporary business entry (class UC) visa was refused by a delegate of the Minister on the ground that the business nominated to sponsor the application was not an approved business sponsor.  The Migration Review Tribunal affirmed that decision.

The applicant’s application for judicial review was dismissed by the Federal Magistrates Court and an appeal to the Federal Court was dismissed by Moore J.  Moore J noted that the decision to refuse the nominated employer approval as a business sponsor had been the subject of an unsuccessful appeal to the Federal Court in separate proceedings.

There would be no prospects of success on any appeal to this Court from the Federal Court.  Accordingly the application for special leave is refused.

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 9.35 AM THE MATTER WAS CONCLUDED