Kim, Myeong Il v Witton, Ron N [1995] FCA 816

CATCHWORDS IMMIGRATION LAW - Whether applicant complied substantially with visa conditions prohibiting performance of "work" in Australia - whether voluntary activity as a graphic artist was "an activity that, in Australia, normally attracts remuneration" - factors relevant to determining whether the applicant "complied substantially" with the condition. ADMINISTRATIVE LAW - Error of law - evidence to justify decision. WORDS AND PHRASES - Migration (1993) Regulations - "complied substantially", "work". Migration Act 1958 (Cth), ss 476(1), (4) Migration (1993) Regulations, regs 1.3 "work", 414.12, 414.72, 670.34, 9101. Broussard v Minister for Immigration, Local Government and Ethnic Affairs (1989) 21 FCR 472. Braun v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 152. Minister for Immigration, Local Government and Ethnic Affairs v Montero (1991) 31 FCR 50. Hamilton v Minister for Immigration and Ethnic Affairs (1994) 53 FCR 349. Re Sekido, unreported, Immigration Review Tribunal, 6 March 1992. Akers v Minister for Immigration and Ethnic Affairs (1988) 20 FCR 363 MYEONG IL KIM v RON WITTON (PRESIDING MEMBER OF THE IMMIGRATION REVIEW TRIBUNAL) & ANOR NG 702 of 1994 Sackville J. Sydney 31 August, 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 702 of 1994 GENERAL DIVISION ) BETWEEN: MYEONG IL KIM Applicant AND: RON WITTON (PRESIDING MEMBER OF IMMIGRATION REVIEW TRIBUNAL) First Respondent AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Second Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 31 AUGUST 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.