An v Minister for Immigration and Citizenship [2007] FCAFC 97

FEDERAL COURT OF AUSTRALIA

An v Minister for Immigration and Citizenship [2007] FCAFC 97

MIGRATION – Employer Nomination (Residence) (Class BW) visa – requirement of "vocational English" in cl 856.213(c) of Schedule 2 to Migration Regulations 1994 (Cth) – whether position was "exceptional" – purpose of requirement of vocational English – meaning of "exceptional" – position of toy designer and production manager in a business in which all employees spoke Korean.

Held: position not "exceptional" with regard to requirement of vocational English.

WORDS AND PHRASES – "exceptional", "appointment"

Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) reg 5.19, Sch 2 cl 856.213

Brutus v Cozens [1973] AC 854 cited Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389cited Hope v Bathurst City Council (1980) 144 CLR 1cited Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen (2001) 177 ALR 473cited Vetter v Lake Macquarie City Council (2001) 202 CLR 439cited

JUNG KUK AN, SOON JIN LEE, JI HYAN AN AND JI SON AN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA NSD 2185 OF 2006

LINDGREN, EMMETT AND FINKELSTEIN JJ

29 June 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2185 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: JUNG KUK AN

First Appellant

SOON JIN LEE

Second Appellant

JI HYAN AN

Third Appellant

JI SON AN

Fourth Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL OF THE COMMONWEALTH OF AUSTRALIA

Second Respondent

JUDGES: LINDGREN, EMMETT AND FINKELSTEIN JJ DATE OF ORDER: 29 june 2007