Ali Mansoor v Minister for Immigration & Multicultural Affairs [1997] FCA 855

Ali Mansoor v Minister for Immigration & Multicultural Affairs [1997] FCA 855

The only material before the Immigration Review Tribunal concerning the applicant's connection with baking showed that he had worked at The Lebanese Loaf as a process worker or machine operator after two weeks of training, and he made no explicit claim of trade skills. The Tribunal's finding that he did not have relevant trade qualifications or experience as at 1 November 1993 was reasonably open to it, and no ground of review under s 476(1) of the Migration Act 1958 was established. Any inaccuracy about the entry visa was immaterial because the Tribunal did not need to consider clause 816.724 after finding that subclause 816.721(2) was not met.

Jurisdiction
Australia
Judgment Date
01 September 1997
Procedural Posture
Application Under S 476 of the Migration Act 1958 for Review of a Decision of the Immigration Review Tribunal / Federal Court Judicial Review
Outcome
The application is dismissed with costs.
Legal Topics
['class 816 Entry Permit' 'immigration Review Tribunal' 'judicial Review Under Pt 8 of the Migration Act 1958' 'trade Skills and Qualifications Criteria']
['migration' 'administrative Law'] ['class 816 Entry Permit' 'immigration Review Tribunal' 'judicial Review Under Pt 8 of the Migration Act 1958' 'trade Skills and Qualifications Criteria']

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Procedural Posture

Application Under S 476 of the Migration Act 1958 for Review of a Decision of the Immigration Review Tribunal / Federal Court Judicial Review

Legal Issues

  1. 1 ["Whether the Immigration Review Tribunal's finding that the applicant did not meet the criteria in subclause 816.721(2) of Schedule 2 to the Migration (1993) Regulations was open on the material before it." "Whether the Court should correct the Department's file concerning the applicant's alleged baking trade skills." "Whether any inaccuracy in the Tribunal's description of the applicant's entry visa affected the decision."]

Ratio Decidendi

The only material before the Immigration Review Tribunal concerning the applicant's connection with baking showed that he had worked at The Lebanese Loaf as a process worker or machine operator after two weeks of training, and he made no explicit claim of trade skills. The Tribunal's finding that he did not have relevant trade qualifications or experience as at 1 November 1993 was reasonably open to it, and no ground of review under s 476(1) of the Migration Act 1958 was established. Any inaccuracy about the entry visa was immaterial because the Tribunal did not need to consider clause 816.724 after finding that subclause 816.721(2) was not met.

Court Disposition

The application is dismissed with costs.

Orders

  • ['The application is dismissed with costs.']