Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 63

Federal Court of Australia

Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 63 Appeal from: Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 884

File number: WAD 277 of 2023

Judgment of: MURPHY, ANDERSON AND KENNETT JJ

Date of judgment: 28 May 2024

Catchwords: MIGRATION – where appellant applied for Graduate Work visa but intended to apply for Post-Study Work visa – where application was refused because appellant does not satisfy criteria for Graduate Work visa – where both visas within same class – whether Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) permit the grant of a visa different to visa applied for but within same class – whether Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 774 wrongly decided

Legislation: Acts Interpretation Act 1901 (Cth) s 13 Acts Interpretation Amendment Act 2011 (Cth) Legislation Act 2003 (Cth) s 13 Migration Act 1958 (Cth) ss 31, 35A, 45, 46, 47, 48 65 Migration Regulations 1994 (Cth) regs 2.01, 2.02, 2.03, Sch 1 cl 1229, Sch 2 cl 485

Cases cited: Director of Public Prosecutions v Walters [2015] VSCA 303; [2015] 49 VR 356 Huynh v Minister for Immigration and Citizenship [2012] FMCA 864; 269 FLR 92 Minister for Immigration and Multicultural Affairs v Hayman [1999] FCA 217; 90 FCR 120 One.Tel Ltd v Rich [2005] NSWSC 226; 190 FLR 443 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 774 Yilmaz v Minister for Immigration and Multicultural Affairs [2000] FCA 906; 100 FCR 495