Pabani v Minister for Immigration & Multicultural Affairs [1999] FCA 268

FEDERAL COURT OF AUSTRALIA

Pabani v Minister for Immigration & Multicultural Affairs [1999] FCA 268

MIGRATION – Migration Regulations - review of decision of Immigration Review Tribunal – entitlement to a transitional permanent visa equivalent to a class 816 special permanent entry permit – whether applicant satisfies the requirement to have work experience in a trade assessed to meet the relevant educational training standards for that trade Migration (1993) Regulations 1992 (Cth), cl 816.721(2) Tanchiatco v Minister for Immigration and Multicultural Affairs (1997) 77 FCR 298, applied Rahim v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 223, applied Azarcon v Minister for Immigration and Multicultural Affairs [1999] FCA 145, applied AZIZ PABANI v MINISTER for IMMIGRATION and MULTICULTURAL AFFAIRS No. NG 747 of 1998 BRANSON J SYDNEY 11 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 747 of 1998

BETWEEN: AZIZ PABANI

Applicant

AND: MINISTER for IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE: BRANSON J

DATE: 11 MARCH 1999

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT 1 This is an application for review of a decision of the Immigration Review Tribunal ("the Tribunal") to affirm a decision of a delegate of the respondent that the applicant is not entitled to a transitional permanent visa equivalent to a class 816 special permanent entry permit. It is crucial to the applicant's claim to be entitled to such a visa, that he satisfies sub-clause 816.721(2) (a) or (b) of the Migration (1993) Regulations 1992 (Cth) ("the Regulations"). 2 Sub-clause 816.721(2), so far as is here relevant, provides: "(2) An applicant meets the requirements of this subclause if, on 1 November 1993: (a) … (b) the applicant: (i) …