Mendis v Minister for Immigration & Multicultural Affairs [2002] FCA 437

Mendis v Minister for Immigration & Multicultural Affairs [2002] FCA 437

Following Islam v Minister for Immigration & Multicultural Affairs [2000] FCA 1183, the Court held that the Tribunal did not err in law by having recourse to ASCO 2 when assessing the points available for the applicant's employment qualification under Sch 6, because the proper classification was to be made at the time of decision and ASCO 2 had replaced ASCO 1. No other submissions supported the review application.

Jurisdiction
Australia
Judgment Date
11 April 2002
Procedural Posture
Application for Judicial Review of a Migration Review Tribunal Decision Affirming Refusal of a Skilled Australian Linked (migrant) (class Aj) Visa / Federal Court Application for Review
Outcome
Application dismissed with costs.
Legal Topics
['skilled Australian Linked (migrant) (class Aj) Visa' 'points Test' 'employment Qualification' 'australian Standard Classification of Occupations' 'migration Review Tribunal']
['immigration' 'administrative Law' 'judicial Review'] ['skilled Australian Linked (migrant) (class Aj) Visa' 'points Test' 'employment Qualification' 'australian Standard Classification of Occupations' 'migration Review Tribunal']

Case Brief

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Procedural Posture

Application for Judicial Review of a Migration Review Tribunal Decision Affirming Refusal of a Skilled Australian Linked (migrant) (class Aj) Visa / Federal Court Application for Review

Legal Issues

  1. 1 ["Whether the Tribunal erred in law by relying on the second edition of the Australian Standard Classification of Occupations rather than the first edition when assessing the applicant's usual occupation and points for employment qualification." 'Whether the application was affected by the amendments introducing the new Part 8 to the Migration Act, including the privative clause provisions.']

Ratio Decidendi

Following Islam v Minister for Immigration & Multicultural Affairs [2000] FCA 1183, the Court held that the Tribunal did not err in law by having recourse to ASCO 2 when assessing the points available for the applicant's employment qualification under Sch 6, because the proper classification was to be made at the time of decision and ASCO 2 had replaced ASCO 1. No other submissions supported the review application.

Court Disposition

Application dismissed with costs.

Orders

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