Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mejia v Minister for Immigration & Multicultural Affairs [1999] FCA 855
MIGRATION – trade qualifications – whether applicant's work experience as a sheet metal worker met trade qualification requirements – whether Tribunal properly assessed the applicant's trade qualifications in accordance with the regulations.
Migration Act 1958 (Cth) Migration Reform Act 1992 (Cth)
Rahim v Minister for Immigration & Ethnic Affairs (1997) 148 ALR 432 cited Ranatora v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 693 cited
EVANGELINE MEIJA AND CONRADO MEJIA v
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NG 1021 of 1998
HILL J
SYDNEY
25 JUNE 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1021 of 1998
BETWEEN: EVANGELINE MEIJA AND CONRADO MEJIA
Applicants
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: HILL J
DATE OF ORDER: 25 JUNE 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The Application be dismissed 2. The Applicant pay the Respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1021 of 1998
BETWEEN: EVANGELINE MEIJA AND CONRADO MEJIA
Applicants
AND: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
Respondent
JUDGE: HILL J
DATE: 25 JUNE 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicants apply to this Court for judicial review of a decision of the Immigration Review Tribunal ("the Tribunal") affirming decisions of both the delegate of the Minister ("the Minister") and the Migration Internal Review Office ("MIRO") refusing the applicants' visa application for a Class 816 Special (permanent) Entry Permit. 2 The applicants, Mr and Mrs Mejia and their two daughters, are citizens of the Philippines and entered Australia prior to 1 November 1993. They applied for a Class 816 Special (permanent ) Entry Permit. 3 Mrs Mejia claimed she was entitled to such an entry permit as she held a Bachelor of Science in Home Technology. Her qualification was assessed by the National Office of Overseas Skills Recognition, the relevant Australian authority in assessing tertiary qualifications. It found Mrs Mejia's qualification was comparable to the level of an Australian Technical and Further Education (TAFE) Advanced Certificate, and did not meet the Class 816 permit requirements. 4 Although Mrs Mejia applied to the Tribunal in her own right for review it was conceded on her behalf that the MIRO's decision rejecting her application was not erroneous. In consequence the present application to the Court, along with the previous application to the Tribunal, was concerned solely with the position of Mr Mejia. He claimed to be entitled to a Class 816 Special (permanent) Entry Permit, on the basis that he had a trade classification which qualified. His claim was rejected by the Tribunal.
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