Lace Holdings Pty Ltd v Minister for Immigration & Multicultural Affairs [2002] FCA 254

FEDERAL COURT OF AUSTRALIA

Lace Holdings Pty Ltd v Minister for Immigration & Multicultural Affairs [2002] FCA 254 MIGRATION – application for approval as a standard business sponsor – affirmation by Migration Review Tribunal of delegate's refusal of application – whether Tribunal wrongly cast onus of proof – whether Tribunal in error of procedural failure – whether Tribunal in error of law – whether Tribunal acted on no evidence or other material Migration Act 1958 (Cth) ss 476(1)(a), 476(1)(e), 476(1)(g), 476(4) Migration Regulations reg 1.20D(2)(c)(ii), 1.20D(2)(d), 1.20D(2)(f) Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Curragh Queensland Mining Ltd v Daniel & Ors (1992) 34 FCR 212 cited Yilan v Minister for Immigration & Multicultural Affairs [1999] FCA 854 cited Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited LACE HOLDINGS PTY LTD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS W 127 of 2001 RD NICHOLSON J 15 MARCH 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 127 of 2001

BETWEEN: LACE HOLDINGS PTY LTD

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 15 MARCH 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for an order of review be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 127 of 2001