Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1740
MIGRATION – visas – points system in Sch 6 of the Migration Regulations 1994 – applicant assessed by reference to Item 6107(b) – whether applicant should have been assessed by reference to Item 6102(c) or Item 6103(a) – time at which applicant was deemed to have achieved a qualification equivalent to Australian standards for his occupation Migration Act 1958 (Cth) Migration Regulations 1994 reg 2.26; Sch 2 cl 126.221; Sch 6 Pt 1 RUPINDER SINGH v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 827 of 2000 BRANSON J SYDNEY 1 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 827 of 2000
BETWEEN: RUPINDER SINGH
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 1 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The decision of the delegate of the respondent be set aside. 2. The matter be referred to the respondent for further consideration according to law. 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 N 827 of 2000
BETWEEN: RUPINDER SINGH
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 1 DECEMBER 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The applicant has sought review of a decision of a delegate of the respondent made under the Migration Act 1958 (Cth) ("the Act") and regulations relating to visas (s 475(1)(c)). The applicant had applied for a subclass 126 (Independent) visa on 29 March 1996. By letter dated 22 June 2000 the applicant was advised that his application had been unsuccessful and that neither he nor his wife would be granted a visa for Australia. For the reasons set out below I have concluded that the decision of the delegate of the respondent should be set aside and the matter referred to the respondent for further consideration according to law.
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