Twinn v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 840

FEDERAL COURT OF AUSTRALIA

Twinn v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 840 LISA MAUREEN TWINN & ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD1548 OF 2004 EMMETT J 23 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1548 OF 2004

BETWEEN: LISA MAUREEN TWINN

FIRST APPLICANT

PAUL CHRISTOPHER TWINN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 23 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the respondent's costs. 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 NSD1548 OF 2004

BETWEEN: LISA MAUREEN TWINN

FIRST APPLICANT

PAUL CHRISTOPHER TWINN

SECOND APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE:

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This proceeding is concerned with the validity of a notice by the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs ('the Minister'), dated 31 August 2004 and published in the Commonwealth of Australia Gazette of 8 September 2004 ('the Notice'). The Notice purports to specify occupations as skilled occupations for the purposes of r 1.03 of the Migration Regulations 1994 (Cth) ('the Regulations'), which were made under the Migration Act 1958 (Cth) ('the Act'). If valid in its entirety, the Notice has the effect of limiting the grant of certain kinds of visas for persons with particular skilled operations to persons who are likely to reside in areas where there is a shortage of persons having those skilled occupations. 2 On 14 July 2004, the applicants in the proceeding, Mrs Lisa Maureen Twinn and Mr Paul Christopher Twinn, completed a form of 'Application for General Skilled Migration to Australia' ('the Application'), which was, in effect, an application for visas under the Act. Mrs Twinn was shown as the primary applicant and Mr Twinn was shown as her spouse. The Application called for the nomination of a category of visa. In the Application, the category of visa nominated was 'Skilled – Australian Sponsored (Class BQ, Subclass 138)'. 3 Accompanying the application was a form of 'Sponsorship for Migration to Australia'. The latter form was completed by Mrs Twinn's sister, Mrs Lynn Clark Watharow. Importantly, the form showed that Mrs Watharow's residential address was in an area with the postcode 2076. 4 On 25 September 2004, a delegate of the Minister wrote to Mrs Twinn, saying that the Application was invalid. Mr and Mrs Twinn subsequently commenced this proceeding claiming relief under the Judiciary Act 1903 (Cth). Specifically, they claim: * an order quashing the decision of the delegate that the application is invalid; * a declaration that parts of the Notice are invalid; * a declaration that the Application is valid; · an order for mandamus directing the Minister to determine the Application according to law.