Yoon, Suk Hong v Minister for Immigration & Multicultural Affairs [1998] FCA 93

Yoon, Suk Hong v Minister for Immigration & Multicultural Affairs [1998] FCA 93

Although the Immigration Review Tribunal made an error of law, the applicant could not satisfy the applicable Schedule 3 criterion 3002. His relevant day was when he became an illegal entrant on 26 June 1993, and his subclass 414 visa application was made on 13 March 1995, more than 12 months later. The application for the visa therefore had to fail, and no point would be served by remitting the matter to the Tribunal.

Jurisdiction
Australia
Judgment Date
20 February 1998
Procedural Posture
Application for Review Under S 475 of the Migration Act 1958 (cth) of an Immigration Review Tribunal Decision Affirming Refusal of a Subclass 414 Business (temporary) Visa / Federal Court Judgment; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['subclass 414 Business (temporary) Visa' 'schedule 3 Criteria' 'transitional Provisions' 'out of Time Visa Application' 'judicial Review of Immigration Review Tribunal Decision']
['immigration Law' 'administrative Law'] ['subclass 414 Business (temporary) Visa' 'schedule 3 Criteria' 'transitional Provisions' 'out of Time Visa Application' 'judicial Review of Immigration Review Tribunal Decision']

Case Brief

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Procedural Posture

Application for Review Under S 475 of the Migration Act 1958 (cth) of an Immigration Review Tribunal Decision Affirming Refusal of a Subclass 414 Business (temporary) Visa / Federal Court Judgment; Application Dismissed

Legal Issues

  1. 1 ['Whether the Immigration Review Tribunal was required to apply the criteria for Business (Temporary) (Class TB) visas as at 31 July 1996 under Statutory Rule No 76 of 1996.' 'Whether the applicant satisfied paragraph 414.211(e) of Part 414 of Schedule 2 of the Migration Regulations, including Schedule 3 criterion 3002.' 'Whether any error of law by the Immigration Review Tribunal warranted remittal where the visa application was made out of time.']

Ratio Decidendi

Although the Immigration Review Tribunal made an error of law, the applicant could not satisfy the applicable Schedule 3 criterion 3002. His relevant day was when he became an illegal entrant on 26 June 1993, and his subclass 414 visa application was made on 13 March 1995, more than 12 months later. The application for the visa therefore had to fail, and no point would be served by remitting the matter to the Tribunal.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']