Subraju, Moses v Minister for Immigration & Ethnic Affairs [1996] FCA 652

CATCHWORDS IMMIGRATION - whether applicant for a class 816 (special (permanent)) entry permit had work experience in a "trade" - meaning of the word "trade" and "trade qualification". Migration Regulations: regs 816.2, 816.721(1) and 816.721(2)(b)(ii) Kumar v Immigration Review Tribunal (1992) 36 FCR 544 Mak v Immigration Review Tribunal (1994) 48 FCR 314 No. NG 2798 of 1995 MOSES SUBRAJU v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS MOORE J SYDNEY 31 JULY 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 2798 of 1995 ) GENERAL DIVISION ) BETWEEN: MOSES SUBRAJU Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent JUDGE: Moore J PLACE: Sydney DATE: 31 July 1996 ORDER OF THE COURT THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 2798 of 1995 ) GENERAL DIVISION ) BETWEEN: MOSES SUBRAJU Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent JUDGE: Moore J PLACE: Sydney DATE: 31 July 1996 REASONS FOR JUDGMENT This is an application under s476 of the Migration Act 1958 ("the Act") for the review of a decision of the Immigration Review Tribunal ("the Tribunal") of 27 September 1995. The Tribunal affirmed a decision originally made by a delegate of the Minister to refuse to grant Mr Moses Subraju ("the applicant") a Class 816 (Special (Permanent)) Entry Permit. While the grounds in the application raise what might appear to be separate issues there was, in substance, only one issue. It was whether the decision of the Tribunal involved an error of law involving an incorrect interpretation of the Migration Regulations or an incorrect application of those regulations to the facts found by the Tribunal.