Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kim v Minister for Immigration and Citizenship [2007] FCA 138
MIGRATION – appeal from decision of Federal Magistrate reviewing decision of Migration Review Tribunal – consideration of Occupational Trainee visa – whether Minister's decision to refuse nomination by employer is reviewable – appeal dismissed. Federal Court Rules O 52 r 38A Migration Regulations 1994 reg 4.02(4), reg 4.02(5) Federal Court of Australia Act 1976 (Cth) s 25 Migration Act 1958 (Cth) s 338, s 347 Abebe v The Commonwealth (1999) 197 CLR 510 cited Tvarkovski v Minister for Immigration and Multicultural Affairs [2001] FCA 375 distinguished YOUNG MI KIM AND KIL HONG CHOI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 1726 OF 2006
LANDER J
9 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1726 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: YOUNG MI KIM
First Appellant
KIL HONG CHOI
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE OF ORDER: 9 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The title of the first respondent be changed to Minister for Immigration and Citizenship. 2. The appeal be dismissed. 3. The appellant pay the first 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 NSD 1726 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: YOUNG MI KIM
First Appellant
KIL HONG CHOI
Second Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
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