Weigang, Michael v Minister for Immigration & Multicultural Affairs [1997] FCA 1302

Weigang, Michael v Minister for Immigration & Multicultural Affairs [1997] FCA 1302

The applicant did not hold an Australian trade certificate and his overseas work experience had twice been assessed by the Department of Industrial Relations as not meeting Australian education or training standards for the trade. Because the regulations required that assessment to be made by the Department of Industrial Relations and the assessment was unfavourable, the Department of Immigration and Multicultural Affairs and the Immigration Review Tribunal had no option but to refuse the application. There was therefore no error of law and no reasonably arguable appeal, so leave to appeal out of time was refused with costs.

Jurisdiction
Australia
Judgment Date
22 October 1997
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal From Dismissal of an Application for Judicial Review / Application for Leave to Appeal Out of Time
Outcome
Application for leave to appeal out of time refused with costs.
Legal Topics
['class 816 Entry Permit' 'trade Certificate Requirement' 'overseas Trade Qualification Assessment' 'judicial Review' 'extension of Time to Appeal']
['immigration Law' 'administrative Law'] ['class 816 Entry Permit' 'trade Certificate Requirement' 'overseas Trade Qualification Assessment' 'judicial Review' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal From Dismissal of an Application for Judicial Review / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether time should be extended to file and serve a notice of appeal.' 'Whether there was a reasonably arguable case that the Immigration Review Tribunal or the primary judge made an error of law.' 'Whether the applicant met the class 816 entry permit criteria requiring an Australian trade certificate or a favourable assessment of overseas trade qualification or work experience.']

Ratio Decidendi

The applicant did not hold an Australian trade certificate and his overseas work experience had twice been assessed by the Department of Industrial Relations as not meeting Australian education or training standards for the trade. Because the regulations required that assessment to be made by the Department of Industrial Relations and the assessment was unfavourable, the Department of Immigration and Multicultural Affairs and the Immigration Review Tribunal had no option but to refuse the application. There was therefore no error of law and no reasonably arguable appeal, so leave to appeal out of time was refused with costs.

Court Disposition

Application for leave to appeal out of time refused with costs.

Orders

  • ['The application for leave to appeal out of time is refused with costs.']