Yang v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1524

FEDERAL COURT OF AUSTRALIA

Yang v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1524 MIGRATION – judicial review – temporary business entry visa – review by Migration Review Tribunal – whether the applicant proposed to engage in negotiations or enter into agreements as a service seller – whether the Tribunal incorrectly applied the criteria Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 475A Migration Regulations 1994(Cth) Schedule 2, Clause 457.223(8) Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559, referred to

Scargill v Minister for Immigration and Multicultural and Indigenous [2003] FCAFC 116, applied

TAO YANG v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V576 of 2003 MARSHALL J MELBOURNE 18 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V576 OF 2003

BETWEEN: TAO YANG

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 18 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be allowed. 2. Certiorari issue directed to the Migration Review Tribunal quashing the decision of the Migration Review Tribunal made on 30 June 2003 affirming the decision of a delegate of the respondent not to grant the applicant a Temporary Business Entry (Class UC) Visa, Subclass 457 (Business (Long Stay)). 3. Mandamus issue directed to the Migration Review Tribunal requiring it to review according to law the decision of the delegate of the respondent refusing to grant the applicant a Temporary Business Entry (Class UC) Visa, Subclass 457 (Business (Long Stay)). 4. The respondent pay the applicant's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.