Thacker v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 772
It was not necessary for the Tribunal to determine whether Mr Thacker was an employee of the sponsor, as the evidence supported a finding that he engaged in work for another or on his own account in breach of Condition 8107, regardless of employment status with the sponsor.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 10 June 2005
- Procedural Posture
- Judicial Review / Application for Judicial Review of Tribunal Decision
- Outcome
- application dismissed
- Legal Topics
- ['visa Cancellation' 'condition 8107' 'judicial Review' 'jurisdictional Error']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Application for Judicial Review of Tribunal Decision
Legal Issues
- 1 ['Whether the applicant breached visa condition 8107 by engaging in work for another person or on his own account while employed by the sponsor' 'Whether the Tribunal failed to exercise jurisdiction by not considering whether the applicant was, at law, an employee of the sponsor']
Ratio Decidendi
It was not necessary for the Tribunal to determine whether Mr Thacker was an employee of the sponsor, as the evidence supported a finding that he engaged in work for another or on his own account in breach of Condition 8107, regardless of employment status with the sponsor.
Court Disposition
application dismissed
Orders
- ["The application for judicial review of the Migration Review Tribunal's decision be dismissed." "The applicant pay the first respondent's costs of the application."]
Full Case Text
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