Chen v Minister for Immigration & Multicultural Affairs [2000] FCA 983

FEDERAL COURT OF AUSTRALIA

Chen v Minister for Immigration & Multicultural Affairs [2000] FCA 983

MIGRATION -review of decision of Immigration Review Tribunal affirming decision of a delegate of the respondent to refuse to grant the first applicant a Skilled - Australian Linked (Migrant) (Class AJ) Sub - class 105 visa - whether the Immigration Review Tribunal erred in law when assessing the first applicant's visa application under Subdivision B of Division 3 of Part 2 of the Migration Act 1958 (Cth) - whether the first applicant satisfies requirements of sub - clause 6104(d) of the Migration Regulations 1994 (Cth) - whether the first applicant's "usual occupation" is an occupation in respect of which the first applicant has qualifications and/or experience required for the purpose of holding any Australian occupational licence or registration Migration Act 1958 (Cth) ss31(3), 65, 92, 93, 94, 95, 95A, 96, 350, 476(1)(e) Migration Regulations 1994 (Cth) Sch 2 cl 105.222, Sch 6 Item 6104 MR LIXIN CHEN and MR MIN FENG CHEN v THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 282 of 1999 MARSHALL J MELBOURNE 28 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 282 of 1999

BETWEEN: MR LIXIN CHEN

FIRST APPLICANT

MR MIN FENG CHEN

SECOND APPLICANT

AND: THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 28 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 282 of 1999