Shead v Minister for Immigration and Multicultural Affairs [2001] FCA 933

FEDERAL COURT OF AUSTRALIA

Shead v Minister for Immigration and Multicultural Affairs [2001] FCA 933 MIGRATION - review of decision of Migration Review Tribunal - error of law - whether employer a "standard business sponsor" - whether visa-holder's employment needs to be the direct and only cause of the creation or maintenance of employment - whether there must be a causal connexion between the business and the visa-holder's employment. WORDS & PHRASES - "standard business sponsor" - "creation or maintenance of employment" Statutes Migration Act 1958 (Cth) S 476(1)(c) Migration Regulations (1994) (Cth), Part 1, Div 1.4A; reg 1.20D; Sched 2 cl 457.223(1), cl 457.223(4), cl 457.223(5) Cases Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 Distinguished Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 Cited ANTHONY GERALD SHEAD AND AJAY VERMA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Q103 OF 2000 KIEFEL J 20 JULY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q103 OF 2000

A REVIEW OF A DECISION OF THE PRESIDING MEMBER OF THE MIGRATION REVIEW TRIBUNAL

BETWEEN: ANTHONY GERALD SHEAD

FIRST APPLICANT

AJAY VERMA

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal dated 30 August 2000 be set aside. 2. The matter be remitted to the Tribunal, differently constituted, for determination 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

QUEENSLAND DISTRICT REGISTRY Q103 OF 2000