Cheung, Yuk Shan v Minister for Immigration & Ethnic Affairs [1997] FCA 1343

Catchwords migration - application for independent entry visa - refusal - assessment of employment qualifications - failure to observe procedure - usual occupation - whether futile to remit matter to decision-maker Words and Phrases- "or" - conjunctive or disjunctive Migration Act 1958 ss 475, 476, 481 Migration Regulations 1994 reg 2.26; Schedule 2 Part 126, Schedule 6 Part 1 Beneficial Finance Corp Ltd -v- Commissioner of Federal Police [1991] 31 FCR 523 Mak -v- Immigration Review Tribunal [1994] 48 FCR 314 Electricity Trust of South Australia -v- Krone (Australia) Technique Pty Ltd and Ors [1994] 51 FCR 540 Subraju -v- Minister for Immigration and Ethnic Affairs [1996] 68 FCR 313 Stone -v- Minister for Immigration and Ethnic Affairs Hill J unreported 28 June 1996, affirmed by Full Court (Lee, Carr and Nicholson JJ) unreported 6 February 1997 Hu -v- John Rees & Minister for Immigration and Ethnic Affairs Einfeld J, unreported 4 March 1997 Enayetur Rahim -v- Minister for Immigration and Ethnic Affairs Sackville J, unreported 28 August 1997 R F Brown & Co, Ltd -v- Harrison, Hourane and Harrison [1927] 43 TLR 633 Re: Li Yu, Immigration Review Tribunal No.Q94/01314 26 June 1995 YUK SHAN CHEUNG v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. NG 565 of 1996 EINFELD SYDNEY 27 OCTOBER 1997

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 565 of 1996 GENERAL DIVISION ) Between:YUK SHAN CHEUNG Applicant And: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent MINUTE OF ORDERS The Court orders that: 1. the application be dismissed. 2. there be no order as to costs. Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 27 OCTOBER 1997