Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oraha v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 21 Appeal from: Oraha v Minister for Immigration [2020] FCCA 154
File number: NSD 186 of 2020
Judgment of: YATES, BROMWICH and HESPE JJ
Date of judgment: 2 March 2023
Catchwords: MIGRATION – Appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister's delegate to refuse the appellant a student visa – where the appellant was first granted an Electronic Travel Authority (ETA) to enter Australia on multiple occasions within a 12 month period and to remain in Australia after each entry for three months – where the appellant, before the expiry of the ETA applied for and was granted a visitor visa – whether pursuant to s 82(2) of the Migration Act 1958 (Cth) the appellant's ETA ceased to be in effect upon the grant of the visitor visa – whether that cessation was permanent or whether the ETA could revive – Held: ETA permanently ceased to be in effect upon the grant of the visitor visa – appeal dismissed with costs.
Legislation: Migration Act 1958 (Cth) ss 5, 13, 14, 29, 42(1), 65, 68, 77, 79, 82, 82(2), 82(4), 200 Migration Regulations 1994 (Cth) sch 2; cl 572.211, 572.211(3)
Cases cited: Hicks v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 84; 146 FCR 427 Lesi v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 285; 134 FCR 27 Minister for Immigration and Border Protection v Le [2016] FCAFC 120; 244 FCR 56 Minister for Immigration and Multicultural and Indigenous Affairs v Nystom [2006] HCA 50; 228 CLR 566 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Moorcroft [2021] HCA 19; 273 CLR 21 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK18 [2021] FCAFC 153; 287 FCR 181 1 Oraha v Minister for Immigration [2020] FCCA 154 Singh v Minister for Immigration and Multicultural Affairs [2000] FCA 1426; 105 FCR 453
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