Vishnumolakala v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 594

Vishnumolakala v Minister for Immigration and Multicultural Affairs (No 2) [2007] FCA 594

The delegate's decision to award no points for employment experience was open on the evidence, as there was insufficient evidence to establish that the appellant's work as a 'Programmer' in India was experience in the nominated skilled occupation of 'Analyst Programmer' or a closely related skilled occupation for the purposes of Schedule 6A of the Migration Regulations. No jurisdictional error was established.

Parties
Appellant: Ravi Kumar Vishnumolakala; Respondent: Minister for Immigration and Multicultural Affairs
Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Skilled Migration, Points Test, Jurisdictional Error, Decision of Minister's Delegate
Immigration Law Administrative Law Skilled Migration Points Test Jurisdictional Error Decision of Minister's Delegate

Case Brief

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Parties

Ravi Kumar Vishnumolakala

Appellant

Minister for Immigration and Multicultural Affairs

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Minister's delegate erred in the assessment of the appellant's employment experience for skilled migration points test purposes
  2. 2 Whether the Minister's delegate failed to take into account relevant matters or to deal with an important claim made by the appellant

Ratio Decidendi

The delegate's decision to award no points for employment experience was open on the evidence, as there was insufficient evidence to establish that the appellant's work as a 'Programmer' in India was experience in the nominated skilled occupation of 'Analyst Programmer' or a closely related skilled occupation for the purposes of Schedule 6A of the Migration Regulations. No jurisdictional error was established.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.