Rahim, Enayetur v Minister for Immigration & Ethnic Affairs [1997] FCA 884

FEDERAL COURT OF AUSTRALIA IMMIGRATION - entry permits - requirement of work experience or trade qualification - applicant employed as a storeman - whether applicant's occupation a "trade" - whether definition of "trade" should be narrowed by definition of "trade certificate" - requirement of Australian education and training standards - procedures to be followed in assessing whether the applicant's occupation satisfies the requirements of the Migration (1993) Regulations (Cth) reg 816.721(2)(b)(ii). WORDS AND PHRASES - "trade" - "work experience" - "education and training standards" - Migration (1993) Regulations (Cth). Migration Act 1958 (Cth), s 476(1)(a),(e). Migration 1993 Regulations (Cth), reg 816.72.

Kumar v Immigration Review Tribunal (1992) 36 FCR 544, considered. Mak v Immigration Review Tribunal (1994) 48 FCR 314, cited. Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550, cited. Pillay v Minister for Immigration and Multicultural Affairs (FCA/Tamberlin J, 29 July 1997, unreported), followed. Tanchiatco v Minister for State for Immigration and Multicultural Affairs (FCA/Branson J, 20 August 1997, unreported), followed. Subraju v Minister for Immigration and Ethnic Affairs (1996) 68 FCR 313, not followed.

ENAYETUR RAHIM v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS NG 708 of 1996 SACKVILLE J 28 AUGUST 1997 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 708 of 1996 ) GENERAL DIVISION )

BETWEEN: ENAYETUR RAHIM

Applicant

AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Respondent

JUDGE(S): SACKVILLE J. PLACE: SYDNEY DATED: 28 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The decision of the Immigration Review Tribunal, made on 16 August 1996, be affirmed.