Autor v Minister for Immigration & Multicultural Affairs [2001] FCA 1538

Autor v Minister for Immigration & Multicultural Affairs [2001] FCA 1538

The Tribunal erred in law by failing to inquire into the applicant's asserted die setting experience before 1 November 1993, failing to determine for itself whether die setting was a trade, assuming that six years' work experience was necessary, and relying on a general Department of Industrial Relations assessment...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 November 2001
Procedural Posture
Application Pursuant to S 476 of the Migration Act 1958 (cth) for Review of a Decision of the Immigration Review Tribunal / Judicial Review of Tribunal Decision Affirming Refusal of Class 816 Permit
Outcome
Application allowed; Tribunal decision set aside and matter remitted for consideration in accordance with law.
Legal Topics
['class 816 Special Entry Permit' 'trade Qualification or Work Experience' 'meaning of Trade' 'migration (1993) Regulations (cth) Reg 816.721(2)(b)(ii)' 'jurisdictional Error or Error of Law in Tribunal Reasoning']
['immigration' 'administrative Law'] ['class 816 Special Entry Permit' 'trade Qualification or Work Experience' 'meaning of Trade' 'migration (1993) Regulations (cth) Reg 816.721(2)(b)(ii)' 'jurisdictional Error or Error of Law in Tribunal Reasoning']

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Procedural Posture

Application Pursuant to S 476 of the Migration Act 1958 (cth) for Review of a Decision of the Immigration Review Tribunal / Judicial Review of Tribunal Decision Affirming Refusal of Class 816 Permit

Legal Issues

  1. 1 ["Whether the applicant's work as a die setter or machine operator was work experience in a trade for the purposes of reg 816.721(2)(b)(ii)." 'Whether the Tribunal was required to determine for itself whether the applicant had work experience in an identified trade before any assessment by the Department of Industrial Relations.' "Whether the Tribunal erred by assuming that six years' work experience was necessary for assessment as meeting Australian education or training standards." "Whether the Tribunal erred by relying on a general assessment by the Department of Industrial Relations based on work history not established to the Tribunal's satisfaction."]

Ratio Decidendi

The Tribunal erred in law by failing to inquire into the applicant's asserted die setting experience before 1 November 1993, failing to determine for itself whether die setting was a trade, assuming that six years' work experience was necessary, and relying on a general Department of Industrial Relations assessment based on work history not established to the Tribunal's satisfaction. There had been no real performance of the statutory function conferred on the Tribunal, so its decision had to be set aside and remitted.

Court Disposition

Application allowed; Tribunal decision set aside and matter remitted for consideration in accordance with law.

Orders

  • ['The decision of the Immigration Review Tribunal made on 26 August 1997 be set aside.' 'The claim be remitted to the Tribunal for consideration in accordance with law.']