Minister for Immigration and Multicultural Affairs v Ye Hu

The appeal was by the Minister for Immigration and Multicultural Affairs against a decision of a judge of the Federal Court that a delegate of the Minister had erred in concluding that the applicant's usual occupation was that of electrical engineer. The applicant, who held a Bachelor of Science degree majoring in laser physics, had worked for a number of employers in China, including the Shanghai Laser Instrument Factory and the Shanghai Optical Fibre Communication Engineering Company. In April 1993, the applicant began working for Da Tong Electrical Machinery Company Limited as an electric-motor designer. The delegate had concluded that the applicant's usual occupation was that of an electrical engineer. The trial judge had found that the delegate had erred in his determination of the applicant's usual occupation. The trial judge had ordered that the application for the visa be remitted to the delegate for redetermination. The Minister challenged the trial judge's decision on several grounds. The Full Court held that the delegate had erred in his determination of the applicant's usual occupation and that this amounted to an error of law. The Full Court dismissed the appeal and remitted the matter to the delegate for redetermination.