Federal Court of Australia
FEDERAL COURT OF AUSTRALIA IMMIGRATION - Appeal from Immigration Review Tribunal decision affirming decision to refuse grant of a Class 816 (special (permanent)) or a Class 818 (highly qualified on-shore (permanent)) entry permit - whether applicant had been enrolled in an accredited course leading to a trade certificate - meaning of "leading to" - whether error of law - whether failure by Tribunal to make adequate enquiries - whether breach of the procedures required to be observed. Administrative Decisions (Judicial Review) Act 1977 (Cth) Schedule 1, par (e) Migration Act 1958 (Cth) ss 420, 476(1)(a), 476(1)(e) Migration Regulations par 816.721(2)(c) Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126, refd Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, refd Deputy Commissioner of Taxation v Clarke & Kann (1984) 1 FCR 322, appl New South Wales Associated Blue-Metal Quarries Ltd v Commissioner of Taxation (1956) 94 CLR 509, refd Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6, refd Waterford v Commonwealth (1986) 163 CLR 54, refd GANESH RAO & ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS NG 1036 of 1996 DAVIES J 6 MARCH 1998 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1036 of 1996
BETWEEN: GANESH RAO
First Applicant
ZAHIDA BEGUM RAO
Second Applicant
ELISHA SONAL RAO
Third Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: DAVIES J
DATE OF ORDER: 6 MARCH 1998
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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