Grey v Minister for Immigration & Multicultural Affairs [2000] FCA 209

FEDERAL COURT OF AUSTRALIA

Grey v Minister for Immigration & Multicultural Affairs

[2000] FCA 209

IMMIGRATION – entry permits – special (permanent) entry permit – whether applicant's overseas trade qualification or work experience met Australian education or training standards for that trade – requirement that applicant had work experience, as at 1 November 1993, assessed by Department of Industrial Relations ("DIR") as meeting those standards – DIR assessed applicant's work experience as not meeting Australian education or training standards – Immigration Department subsequently suggested that applicant obtain assessment by State body describing it as "[t]he most appropriate authority for assessment – State body found his trade skills inadequate but three years later reversed that assessment – relevant regulation provided that if DIR "is unable to make an assessment", such assessment be made by State or Territory authority that (Immigration) Minister decides is appropriate – relevance of Immigration Department's suggested reference of assessment to State body to the question whether DIR was "unable to make an assessment" – whether assessment of State body the relevant assessment for purposes of the regulation – at Immigration Review Tribunal's suggestion, applicant subsequently applied to DIR [by then renamed ("DWRSB")] for review of its earlier assessment – DWRSB confirmed previous assessment – whether DWRSB assessed applicant's work experience as at 1 November 1993 against Australian education or training standards as at that date – whether any error of law by Immigration Review Tribunal in accepting DWRSB's assessment.

Migration (1993) Regulations 1992 (Cth), Sch 2, cl 816.721(2)(b)(ii)

Bellaiche v Department of Immigration and Ethnic Affairs (1998) 51 ALD 356 referred to