Liu v MIMIA

[2005] HCATrans 517

[2005] HCATrans 517

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S473 of 2004

B e t w e e n -

XIAO FEI 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

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.53 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant applied for a temporary business entry visa on the ground that she had been sponsored by a business operating in Australia.  A delegate of the Minister refused that application.  The Migration Review Tribunal affirmed the delegate’s decision on the ground that the supposed sponsor had been refused approval as a business sponsor.

Sackville J dismissed an application for review to the Federal Court on the ground that the Tribunal’s conclusion was inevitable and that there was no jurisdictional error.  The Full Federal Court dismissed an appeal on the ground that the applicant had demonstrated no error in Sackville J’s reasoning. 

The applicant’s special leave application discloses no argument which would give an appeal any prospect of success.  The application must be dismissed. 

Under the power conferred by r 41.11.1 we direct the Registrar to draw up, sign and seal an order that the application is dismissed with costs.  I publish our joint reasons.

AT 8.53 AM THE MATTER WAS CONCLUDED