Mejia v Minister for Immigration & Multicultural Affairs [1999] FCA 855

Mejia v Minister for Immigration & Multicultural Affairs [1999] FCA 855

Although the Tribunal may not have followed the most logical approach and there was force in the criticism concerning DIR's inability to assess Sheet Metal Worker (Second Class), the Tribunal found as a matter of fact that Mr Mejia was a process worker or labourer. That finding was open to it. A labourer or process worker is not a trade, so Mr Mejia had no trade and there was no need to proceed through the assessment steps in subclause 816.721(2)(b)(ii)(A), (B) and (C).

Jurisdiction
Australia
Judgment Date
25 June 1999
Procedural Posture
Application for Judicial Review of a Decision of the Immigration Review Tribunal Affirming Refusal of a Class 816 Special (permanent) Entry Permit / Federal Court Judgment on Application Under S 476(1)(a) and (e) of the Migration Act 1958 (cth)
Outcome
Application dismissed with costs.
Legal Topics
['class 816 Special (permanent) Entry Permit' 'trade Qualifications' 'work Experience Assessment' 'judicial Review of Tribunal Decision']
['migration Law' 'administrative Law'] ['class 816 Special (permanent) Entry Permit' 'trade Qualifications' 'work Experience Assessment' 'judicial Review of Tribunal Decision']

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Procedural Posture

Application for Judicial Review of a Decision of the Immigration Review Tribunal Affirming Refusal of a Class 816 Special (permanent) Entry Permit / Federal Court Judgment on Application Under S 476(1)(a) and (e) of the Migration Act 1958 (cth)

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by not applying subclause 816.721(2)(b)(ii) when considering whether Mr Mejia had trade qualifications or work experience meeting Australian education or training standards.' 'Whether the Department of Industrial Relations was unable to assess the claimed occupation of Sheet Metal Worker (Second Class), requiring referral to a State or Territory authority or assessment by the Minister or Tribunal.' "Whether Mr Mejia's occupation was a trade within the meaning of subclause 816.721(2)(b)(ii)."]

Ratio Decidendi

Although the Tribunal may not have followed the most logical approach and there was force in the criticism concerning DIR's inability to assess Sheet Metal Worker (Second Class), the Tribunal found as a matter of fact that Mr Mejia was a process worker or labourer. That finding was open to it. A labourer or process worker is not a trade, so Mr Mejia had no trade and there was no need to proceed through the assessment steps in subclause 816.721(2)(b)(ii)(A), (B) and (C).

Court Disposition

Application dismissed with costs.

Orders

  • ['The Application be dismissed.' "The Applicant pay the Respondent's costs."]