Masouka, Hiromi & Anor v Immigration Review Tribunal & Anor [1995] FCA 1025
The Tribunal did not err in law or act unreasonably in its interpretation and application of regulation 7.10(2)(d)(i) regarding provision for training existing employees; its finding that the employer had not made adequate provision for training was open to it on the evidence; there was no denial of procedural fairness or natural justice.
- Jurisdiction
- Australia
- Judgment Date
- 18 December 1995
- Procedural Posture
- Application for Judicial Review / Final Judgment – Dismissed
- Outcome
- Application dismissed with costs
- Legal Topics
- ['employer Nominee Scheme' 'visa Refusal' 'procedural Fairness' 'natural Justice' 'interpretation of Migration Regulations']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Judicial Review / Final Judgment – Dismissed
Legal Issues
- 1 ['Whether the Tribunal erred in its construction of regulation 7.10(2)(d)(i) of the Migration (1993) Regulations regarding provision for training employees' 'Whether the Tribunal denied procedural fairness or natural justice to the applicants' "Whether the Tribunal's findings were legally unreasonable or based on improper exercise of power"]
Ratio Decidendi
The Tribunal did not err in law or act unreasonably in its interpretation and application of regulation 7.10(2)(d)(i) regarding provision for training existing employees; its finding that the employer had not made adequate provision for training was open to it on the evidence; there was no denial of procedural fairness or natural justice.
Court Disposition
Application dismissed with costs
Orders
- ['The application be dismissed with costs']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment