Silveira v Australian Institute of Management [2001] FCA 803

FEDERAL COURT OF AUSTRALIA

Silveira v Australian Institute of Management [2001] FCA 803 ADMINISTRATIVE LAW – applicant refused Skilled – Independent visa – where sub-clause 136 of Schedule 2 of the Migration Regulations 1994 lay down requirements for visa – where item 1128C(3)(c) of Schedule 2 of the Migration Regulations 1994 provides that an application for Skilled – Independent visa must be accompanied by satisfactory evidence that relevant assessing authority has assessed skills of applicant nominated skilled occupation – where respondent was relevant assessing authority – where respondent assessed applicant's skills as not meeting required standard – whether Court has jurisdiction to hear an appeal of decision – whether decision made "under an enactment" – whether decision an ultimate determination – whether respondent misconceived its function Islam v The Minister for Immigration & Multicultural Affairs [2000] FCA 1183 distinguished Edelsten v Health Insurance Commission (1990) 27 FCR 56 followed Chapmans Ltd v Australian Stock Exchange Ltd (1996) 67 FCR 402 followed Minister for Immigration & Ethnic Affairs v Mayer (1985) 157 CLR 290 distinguished Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed New England Biolabs Inc v Commissioner of Patents & Anor [2001] FCA 787 cited Migration Act 1958 (Cth) ss 31, 45, 46, 47, 65, 93 Migration Regulations 1994, 2.01, 2.02, 2.26A, Item 1128C (Schedule 1), Sub-clause 136 (Schedule 2) NICHOLA SILVEIRA v AUSTRALIAN INSTITUTE OF MANAGEMENT N 1299 OF 2000 EMMETT J 27 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1299 OF 2000

BETWEEN: NICHOLA SILVEIRA

APPLICANT

AND: AUSTRALIAN INSTITUTE OF MANAGEMENT

RESPONDENT

JUDGE: EMMETT J