Yuhui Lei v Minister for Immigration and Citizenship

[2013] HCASL 64

YUHUI LEI

V

MINISTER FOR IMMIGRATION AND CITIZENSHIP

[2013] HCASL 64
M106/2012

1. The applicant filed an application for an order to show cause on 3 June 2011 claiming orders, in effect, requiring the respondent to grant to her a Business Skills (Residence) Class BH visa or its equivalent.  The application came before Hayne J on 30 October 2012.  It was drafted by the applicant personally.  His Honour treated the application as a challenge to the respondent's decision not to exercise his power in the public interest to grant the plaintiff the business visa.  In light of the decision in Plaintiff S10/2011 v Minister for Immigration and Citizenship[1], his Honour considered that the applicant did not have an arguable case for the relief claimed and dismissed the application with costs.

   [1](2012) 290 ALR 616; 86 ALJR 1019; [2012] HCA 31.

2. The applicant applies for leave to appeal.  Her proposed grounds and summary of argument repeat the factual basis of her claim of suitability for the grant of a business visa.  No tenable ground of challenge to Hayne J's decision is identified.  If leave to appeal were granted the appeal would have no prospect of success. 

3. The application is dismissed.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. 

V.M. Bell
8 May 2013 S.J. Gageler