Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shi v Minister for Immigration and Border Protection [2015] FCA 131 Citation: Shi v Minister for Immigration and Border Protection [2015] FCA 131
Appeal from: Lei Shi & Ors v Minister for Immigration & Anor [2014] FCCA 1278
Parties: LEI SHI, YUNSHENG HONG, HONG HONG and YING HONG v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: SAD 172 of 2014
Judge: BESANKO J
Date of judgment: 27 February 2015
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – judicial review of decision of the Migration Review Tribunal – applicant for visa to be under the age of 45 unless exceptional circumstances apply – applicant to have functional English unless exceptional circumstances apply – jurisdictional error – whether Tribunal applied Department policy unlawfully – whether ability of appellant to transfer skills as a chef an irrelevant consideration – whether ability of appellant to identify cooking ingredients an irrelevant consideration – whether Tribunal considered actual circumstances of the appellant working in Mandarin-speaking workplace – whether there was no evidence to establish it was possible to find a younger person with same skills and experience – Migration Regulations 1994 (Cth) Sch 2, cl 857.213. Held: Appeal dismissed.
Legislation: Migration Act 1958 (Cth) s 499 Migration Regulations 1994 (Cth) Sch 2, cll 857.21, 857.213, 857.22
Cases cited: An and Others v Minister for Immigration and Citizenship and Another (2007) 160 FCR 480 Applicant S 214 of 2002 v Attorney-General (Cth) (2004) 40 AAR 155 British Oxygen Co Ltd v Minister of Technology [1970] 3 WLR 488 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409; (1979) 24 ALR 577; [1978-1980] 2 ALD 60 El Ess and Another v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2004) 142 FCR 43 Jaravaza & Ors v Minister for Immigration and Citizenship and Anor (2013) 276 FLR 32 Jia v Minister for Immigration & Anor [2011] FMCA 422 Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 189 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs & Anor [2005] FCAFC 124 Perder Investments Pty Ltd v Lightowler (1990) 25 FCR 150 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) [1979] ALD 634 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139 Zhu & Ors v Minister for Immigration & Anor [2013] FCCA 1490
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