Sullivan v Director of Public Prosecutions

This matter concerned an application for special leave to appeal to the High Court of Australia by Mr Sullivan against a decision of the Director of Public Prosecutions. The dispute arose from a conviction for an offence under the *Migration Act 1958* (Cth).

The primary legal issue before Hayne J was whether the applicant had established a sufficient arguable case of error in the decision of the lower court to warrant the grant of special leave to appeal. This involved considering whether the grounds of appeal raised a question of law that was not frivolous or vexatious and had some prospect of success.

Hayne J considered the applicant's submissions regarding the interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) and the evidence presented at trial. His Honour concluded that the grounds of appeal did not disclose an arguable case of error that would justify the High Court exercising its jurisdiction to grant special leave.

Special leave to appeal was refused.