Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sidhu v Minister for Immigration and Citizenship [2007] FCAFC 128
MIGRATION – appeal against decision of a single Judge of this Court reviewing the decision of a delegate of the Minister – in error, evidence of a visa was placed in the appellant's passport – she used this to enter Australia on two occasions – she was subsequently informed of the error and the evidence removed – whether the giving of such evidence under s 70 of the Migration Act 1958 (Cth) equates to the grant or deemed grant of a visa
Migration Reform Act 1992 (Cth) Migration Legislation Amendment Act 1994 (Cth) Migration Act 1958 (Cth) ss 13, 14, 15, 29, 33, 34, 42(4), 65(1)(a), 66, 67, 70, 77, 82, 109, 116, 128, 134, 137Q, 140, 166, 189, 198, 500A, 501, 501A, 501B Migration Regulations 1994 (Cth) reg 2.43(2) Migration Reform (Transitional Provisions) Regulations 1994 (Cth) reg 9
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited
Crock, Immigration and Refugee Law in Australia (Federation Press, 1998) SHARON SIDHU v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND PRINCIPAL MIGRATION OFFICER, AUSTRALIAN HIGH COMMISSION, MALAYSIA No SAD 38 of 2007
BRANSON, FINN AND MANSFIELD JJ
16 AUGUST 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 38 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHARON SIDHU
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
PRINCIPAL MIGRATION OFFICER, AUSTRALIAN HIGH COMMISSION, MALAYSIA
Second Respondent
JUDGES: BRANSON, FINN AND MANSFIELD JJ
DATE OF ORDER: 16 AUGUST 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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