Din, Fazal v Minister for Immigration & Multicultural Affairs [1997] FCA 780

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Immigration - Visa application - Requirement that an applicant demonstrate an "ability to communicate in English in a mix of social and work situations" - Regulations prescribed criteria including that the applicant "has successfully undertaken ... at a time and place nominated by the Minister, a test of proficiency in English nominated by the Minister" - Claim that Minister had not personally nominated the time and place of relevant tests nor their content - Regulations provided power of delegation but this not used - Whether tests answered description in the regulations. Migration (1993) Regulations, reg 1.6, Schedule cl 816.732. FAZAL DIN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 132 OF 1997 JUDGE: WILCOX J PLACE: SYDNEY DATED: 19 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 132 of 1997 ) GENERAL DIVISION )

BETWEEN: FAZAL DIN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J PLACE: SYDNEY DATED: 19 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The matter be stood over to a directions hearing at 9.30am on 11 September 1997 or such other date as may be arranged with my associate. 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 ) NG 132 of 1997 ) GENERAL DIVISION )

BETWEEN: FAZAL DIN

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: WILCOX J PLACE: SYDNEY DATED: 19 AUGUST 1997