Ross, N.I. v. The Minister for Immigration & Ethnic Affairs [1994] FCA 760

JUDGMENT No. sume .ul wo ae

CATCHWORDS

IMMIGRATION - Appeal from Immigration Review Tribunal - Executive (Overseas) Entry Permit - applicant entered Australia on visitor visa - condition of that visa that applicant not work without written permission of Secretary - applicant's overseas employer instructed him to start work at Australian branch - applicant started that employment while application pending - no application for permission to work - allegation that Immigration Department aware that applicant working - applicant relied on employer - whether Tribunal erred in law - whether Tribunal in its reasons should have considered submission that Department made continuing "tacit" representation that applicant permitted to work and thereby estopped from relying on breach of condition - whether sufficient evidence before Tribunal on this issue to

require it to make finding - whether finding made implicitly.

Migration Act 1958 (Cth) s.138 Migration Regulations 1989 reg. 29(2), Schedules 2 and 5 Migration (1993) Regulations Schedule 2 Clause 413.722

Minister for Aboriginal Affairs v. Peko-Wallsend Lid (1986) 162 CLR 24 Waterford v. The Commonwealth (1987) 163 CLR 54

Dennis Willcox Pty Ltd v. F.C.T. (1988) 79 ALR 267

Kalwy v. Secretary, D.S.S. (1994) 32 ALD 451

NORMAN IAN ROSS v. THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. WAGS9 of 1994

CARR J. 19 October 1994

IN THE FEDERAL COURT _)

OF AUSTRALIA )

WESTERN AUSTRALIA ) Ww 9 94

DISTRICT REGISTRY )

GENERAL DIVISION )

BETWEEN: NORMAN IAN ROSS Applicant

- and -

THE MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: CARR J.

DATE OF ORDER: 19 OCTOBER 1994 WHERE MADE: PERTH THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The applicant pay to the respondent his costs of the appeal.

NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.