Pillay, Kalaivani v Minister for Immigration & Multicultural Affairs [1997] FCa 682

FEDERAL COURT OF AUSTRALIA

MIGRATION - application for review of decision of the Immigration Review Tribunal - whether applicant's occupation was a "trade" - where applicant employed as settlements clerk - where applicant had significant work experience as well as secretarial and accounting qualifications - whether "trade" refers to skilled manual labour where an apprenticeship is required - whether definition of "trade" should be narrowed by definition of "trade certificate" Migration Act 1958 (Cth), s 476 Migration (1993) Regulations, reg 816.721(2)(b)(ii)

Subraju v Minister for Immigration and Ethnic Affairs (1996) 68 FCR 313 at 317-318, not followed National Association of Local Government Officers v Bolton Corporation [1943] AC 166, cited Kumar v Immigration Review Tribunal (1992) 36 FCR 544, considered Mak v Immigration Review Tribunal (1994) 48 FCR 314, cited Re Alcan Australia; Ex parte Federation of Industrial, Manufacturing and Engineering Employees (1994) 181 CLR 96, cited KALAIVANI PILLAY v MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS No NG 978 of 1996 TAMBERLIN J SYDNEY 29 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 978 of 1996 ) GENERAL DIVISION )

BETWEEN: KALAIVANI PILLAY

Applicant

AND: MINISTER OF STATE FOR

IMMIGRATION AND

MULTICULTURAL AFFAIRS

Respondent

JUDGE: TAMBERLIN J PLACE: SYDNEY DATED: 29 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The decision of the Immigration Review Tribunal be set aside. 2. The matter be remitted to the Immigration Review Tribunal for determination in accordance with law. 3. The respondent pay the applicant's cost of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.