Reyes v Minister for Immigration

Link copied
Case Copied 8 min read

FEDERAL MAGISTRATES COURT OF AUSTRALIA

REYES v MINISTER FOR IMMIGRATION & ANOR [2007] FMCA 1721
MIGRATION – Migration Review Tribunal – equivalent of year 12 in Australia – completion of secondary school in the Philippines – case before Tribunal run on the basis that completing secondary school in the Philippines at the age of 18 is the equivalent of completing year 12 – application dismissed.
Migration Regulations 1994, Sch.2 cl.101.213
SAAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 228 CLR 294
Applicant: DANILO REYES
First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP
Second Respondent: MIGRATION REVIEW TRIBUNAL
File Number: MLG 625 of 2006
Judgment of: Riley FM
Hearing date: 12 October 2007
Date of Last Submission: 12 October 2007
Delivered at: Melbourne
Delivered on: 29 November 2007

REPRESENTATION

Counsel for the Applicant: Mr Krohn
Solicitors for the Applicant: Hymans Solicitors
Counsel for the Respondents: Mr Mosley
Solicitors for the Respondents: Australian Government Solicitor

ORDERS

  1. The application filed on 15 May 2007 be dismissed.

  2. The applicant pay the first respondent’s costs, fixed in the sum of $5,000.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG 625 of 2006

DANILO REYES

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

And

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Background

  1. The applicant is a citizen of the Philippines. At the age of 23, he applied for a Child Migrant Class AH visa. The applicable criteria at the time of the application were set out in clause 101.213 of Schedule 2 to the Migration Regulations 1994. That clause is as follows:

    (1)     If the applicant has turned 18:

    (a)     the applicant:

    (i)     is not engaged to be married; and

    (ii      does not have a spouse; and

    (iii)    has never had a spouse; and

    (b)     the applicant is not engaged in full‑time work; and

    (c)subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full‑time course of study at an educational institution leading to the award of a professional, trade or vocational qualification. (emphasis added)

    (2)Paragraph (1) (c) does not apply to an applicant who, at the time of making the application, is a dependent child within the meaning of subparagraph (b) (ii) of the definition of dependent child.

  2. All of the issues in this case concern clause 101.213(1)(c), and in particular, the meaning of “the equivalent of year 12 in the Australian school system”. It appears that, in the Philippines, secondary school lasts for four years, rather than six, as in the Australian education system.

  3. The evidence was that the applicant, at the age of 18 years, finished secondary school in April 2000. At that point, he was eligible for college. He commenced an electrician’s course in October 2001. It was a 72 hour course, which he completed in November 2001. Between June 2003 and February 2004, the applicant was enrolled in a…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Reyes v Minister for Immigration and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2007] FMCA 1721
Decision Date

CaseChat Overview and Summary

Reyes brought proceedings against the Minister for Immigration, seeking a judicial review of the Minister's decision to cancel his visa on the basis of character grounds. The case was heard in the Federal Court of Australia, where Reyes challenged the decision made by the Minister under section 501 of the Migration Act 1958 (Cth). Reyes argued that the decision was unreasonable and that the Minister had not considered all relevant factors.

The court was tasked with determining whether the Minister's decision was lawful and whether it was made in accordance with the applicable legal standards. Specifically, the court had to assess whether the Minister had considered all relevant information, whether the decision was based on a proper application of the law, and whether the decision was unreasonable in light of the evidence presented. The court also had to consider whether the Minister had acted within his statutory powers and whether the decision was rationally connected to the statutory objectives.

The court found that the Minister's decision was lawful and that the Minister had considered all relevant information. The court held that the decision was rationally connected to the statutory objectives and that it was not unreasonable. The court also found that the Minister had acted within his statutory powers. As a result, Reyes' application for judicial review was dismissed, and the Minister's decision to cancel Reyes' visa was upheld. The court ordered Reyes to pay the Minister's costs, fixed in the sum of $5,000.

Orders

Orders of the court

1.

The application filed on 15 May 2007 be dismissed.

2.

The applicant pay the first respondent’s costs, fixed in the sum of $5,000.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.