Rizzotti v Minister for Immigration & Multicultural Affairs [2001] FCA 172

Procedural Posture

Application for Review of a Migration Review Tribunal Decision Affirming Refusal of a Temporary Business Entry (class Uc) Visa / Federal Court Judgment on Application for Review

Legal Issues

1. 1 ['Whether the Migration Review Tribunal misconstrued the expression "supplier of services" in cl 457.223(8)(a)(i) of Schedule 2 to the Migration Regulations.' 'Whether the Migration Review Tribunal misconstrued the word "services" in cl 457.223(8)(b) by excluding the sale of goods.' 'Whether the applicant satisfied cl 457.223(8) as a representative negotiating or entering into agreements for the sale of services without actually supplying or directly selling the services.']

Ratio Decidendi

The Migration Review Tribunal did not err in law in construing cl 457.223(8). The expression "supplier of services" distinguishes services from goods, and the surrounding language in Part 457, including the reference to trade in "goods or services", supported that distinction. On the Tribunal's findings, Rizzotti s.r.l. was a distributor of goods and the applicant had not negotiated or entered into agreements for the sale of services. The applicant therefore did not establish that the Tribunal misconstrued cl 457.223(8).

Court Disposition

Application dismissed with costs.

Orders

• ['The application be dismissed.' "The applicant pay the respondent's costs."]