Autor v Minister for Immigration & Multicultural Affairs [2001] FCA 1538

FEDERAL COURT OF AUSTRALIA

Autor v Minister for Immigration & Multicultural Affairs [2001] FCA 1538 IMMIGRATION – entry permit – requirement of work experience or trade qualification – applicant employed as a die setter and machine operator – whether applicant's occupation a "trade" – relevant procedure in determining whether the applicant's occupation satisfies the requirements of the Migration (1993) Regulations (Cth) reg 816.721(2)(b)(ii) WORDS AND PHRASES "trade" Migration Act 1958 (Cth), s 476 Migration 1993 Regulations (Cth), reg 816.72

Subraju v Minister for Immigration and Ethnic Affairs (1996) 68 FCR 313, not followed Rahim v Minister for Immigration and Ethnic Affairs (1997) 148 ALR 432, followed Ranatora v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 693, followed HENEDINO AUTOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 782 OF 1997 DOWSETT J 2 NOVEMBER 2001 BRISBANE (VIA VIDEO LINK) (HEARD IN SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 782 OF 1997

BETWEEN: HENEDINO AUTOR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 2 NOVEMBER 2001

WHERE MADE: BRISBANE (VIA VIDEO LINK) (HEARD IN SYDNEY)

THE COURT ORDERS THAT: 1. The decision of the Immigration Review Tribunal made on 26 August 1997 be set aside. 2. The claim be remitted to the Tribunal for consideration in accordance with 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 NG 782 OF 1997

BETWEEN: HENEDINO AUTOR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: DOWSETT J