Chatib v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 92

FEDERAL COURT OF AUSTRALIA

Chatib v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 92

MIGRATION - Class 816 Special (Permanent) Entry Permit - assessment of trade qualifications or experience - whether classification body asked itself the right question - whether classification body 'unable to decide' - whether Tribunal required to refer matter back to classification body - whether Tribunal required to make its own assessment - whether any jurisdictional error by the Tribunal

Migration Act 1958 (Cth) Migration Regulations

Plaintiff S157/2002 v Commonwealth (2003) 195 ALR 24 Bellaiche v Department of Immigration and Ethnic Affairs (1998) 51 ALD 356 Grey v Minister for Immigration and Multicultural Affairs [2000] FCA 209 Mejia v Minister for Immigration and Multicultural Affairs [1999] FCA 855 Ranatora v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 693 Crawford Earthmovers Pty Ltd v Fitzsimmons (1972) 4 SASR 116 Azarcon v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 257 SYAFWAN CHATIB AND ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS S 537 OF 2003 SELWAY J 13 FEBRUARY 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 537 OF 2003

BETWEEN: SYAFWAN CHATIB AND ORS

APPLICANTS

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 13 FEBRUARY 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decision of the Migration Review Tribunal made on 7 May 2003 be quashed. 2. The matter be remitted to the Migration Review Tribunal for further consideration in accordance with law. 3. No order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.