Kim, Myeong Il v Witton, Ron N [1995] FCA 816

Kim, Myeong Il v Witton, Ron N [1995] FCA 816

The applicant engaged in an activity—preparation of graphic artwork for an educational authority—which, in Australia, normally attracts remuneration, thus constituting 'work' under the Migration Regulations; the Tribunal applied the correct legal test and had evidence from which it could reasonably be satisfied that the applicant had not complied substantially with his visa condition prohibiting work.

Parties
Applicant: MYEONG IL KIM; First Respondent: RON WITTON (Presiding Member of Immigration Review Tribunal); Second Respondent: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Jurisdiction
Australia
Judgment Date
31 August 1995
Procedural Posture
Application for Judicial Review / Final Judgment (federal Court, First Instance)
Outcome
Application dismissed with costs to the respondent.
Legal Topics
Visa Conditions, Definition of 'work', Substantial Compliance, Judicial Review of Administrative Decisions
Immigration Law Administrative Law Visa Conditions Definition of 'work' Substantial Compliance Judicial Review of Administrative Decisions

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Parties

MYEONG IL KIM

Applicant

RON WITTON (Presiding Member of Immigration Review Tribunal)

First Respondent

MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment (federal Court, First Instance)

Legal Issues

  1. 1 Whether the applicant complied substantially with visa conditions prohibiting 'work' in Australia
  2. 2 Whether voluntary activity as a graphic artist was 'an activity that, in Australia, normally attracts remuneration'
  3. 3 Whether there was evidence to justify the Tribunal's conclusion that the applicant had not 'complied substantially'

Ratio Decidendi

The applicant engaged in an activity—preparation of graphic artwork for an educational authority—which, in Australia, normally attracts remuneration, thus constituting 'work' under the Migration Regulations; the Tribunal applied the correct legal test and had evidence from which it could reasonably be satisfied that the applicant had not complied substantially with his visa condition prohibiting work.

Court Disposition

Application dismissed with costs to the respondent.

Orders

  • The application be dismissed with costs.