Dib, Ghassan v Minister for Immigration & Multicultural Affairs [1998] FCA 415

FEDERAL COURT OF AUSTRALIA

migration - application for extension of subclass 686 tourist (long stay) visitor visa - refusal - condition that no work be performed in Australia - test of whether work is performed - relevance of purposes for which activity is done - relevance of expressions as to future intent.

words and phrases - "work"

Migration Act 1958 ss 475, 476

Migration Regulations 1994 reg 1.03, Schedule 2, Part 686, Schedule 8, condition 8101

Broussard v Minister for Immigration and Ethnic Affairs (1989) 21 FCR 472 Minister for Immigration, Local Government and Ethnic Affairs v Montero (1991) 31 FCR 50 Braun v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 152 Kim v Witton & Anor (1995) 59 FCR 258 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139 at 160 Bretag v Immigration Review Tribunal (unreported, 29 November 1991) Re Cecil (IRT Decision 8469, 30 December 1996) Ghassan Dib v Minister for Immigration and Multicultural Affairs NG 424 of 1997 Einfeld J Sydney 22 April 1998

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) NG 424 of 1997

BETWEEN: Ghassan Dib

Applicant

AND: Minister for Immigration and Multicultural Affairs

Respondent

JUDGE: EINFELD J

DATE OF ORDER: 22 APRIL 1998

WHERE MADE: SYDNEY

Minute of orders

The Court:

1. Upholds the application for review.

2. Sets aside the decision of the Immigration Review Tribunal of 30 April 1997.

3. Orders that the applicant's application for an extension of his visa be remitted to the Tribunal for redetermination according to these reasons for judgment.

4. Orders the costs of the applicant to be paid by the respondent.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.