Kaur v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 230

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 230

MIGRATION – BN subclass 136 visa - nominated occupation on Migration Occupations in Demand list at time of application but not at time of decision – visa refused - construction of item 6A72 of Schedule 6A of the Migration Regulations 1994 – whether criterion to be satisfied at time of decision is whether occupation nominated in application was then a migration occupation in demand STATUTORY INTERPRETATION – item 6A72 of Schedule 6A of the Migration Regulations 1994 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 93, 94(1) and (2), Part 8 Migration Regulations 1994, Part 136 Schedule 6A: Reg 2.26A, Clause 136.22 of Schedule 2 Aomatsu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1544 not followed Craig v The State of South Australia (1995) 184 CLR 163 cited SHINDER JIT KAUR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No Q 159 of 2004 SPENDER J 14 MARCH 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 159 OF 2004

BETWEEN: SHINDER JIT KAUR

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 14 MARCH 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: (1) The decision of the delegate of the Minister made on 10 September 2003 be set aside. (2) The matter be remitted to the respondent for consideration according to law. (3) The respondent pay the applicant's costs of and incidental to this application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA