However, I would prefer to base refusal of leave on the ground that the decision to remove the applicant was a privative clause decision within the meaning of sub-s 474(2) of the Migration Act 1958
This is an application for leave to appeal from a decision of a judge of the court, Sackville J, refusing to grant an interlocutory injunction restraining the removal of the applicant from Australia under subsection 198(5) of the Migration Act 1958