Altintas, H. & Anor v. The Minister for Immigration, Local Government & Ethnic Affairs [1994] FCA 724

JUDGMENT No. oar ot LE.

TCHWORD

IMMIGRATION - Close family visitor visa issued - Visa operating as entry permit - Visa endorsed as being subject to conditions - Conditions expressed in cryptic form - Absence of approval in writing to form of endorsement - Endorsement inaccurate and not apt to convey content of conditions - Whether endorsement effective to impose conditions - Effect of endorsement on validity of visa

IMMIGRATION - Close family visitor visa issued - Visa operating as entry permit - Power to impose conditions on grant of visa - Whether power conferred directly by statute or dependent on existence of regulations identifying permissible conditions - Whether regulations sufficient to identify as permissible a condition that notwithstanding statutory provisions holder not to be entitled to grant of entry permit while remaining in Australia

EMMIGRATION - Review of decision not to grant extended eligibility (family) entry permit - Applicant for permit entered Australia as holder of close family visitor visa operating as entry permit - Visa endorsed with condition that notwithstanding statutory provisions holder not to be entitled to grant of entry permit while remaining in Australia - Ground of refusal of entry permit that condition on visa limited the power to grant, and precluded the grant of, the entry permit - Whether ground of refusal sustainable

a IMMIGRATION ~ Extended eligibility (family) entry permit - Identification of relevant criteria for grant of such entry permit - Whether a relevant criterion that visa held by

applicant not granted subject to a condition that holder would not be entitled to be granted an entry permit while remaining in Australia

Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5 Migration Act 1958 (Cth), ss.23, 24, 33, 34 Migration Regulations, regs 17, 42, 120, 127