Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - challenge to administrative decision that application for a visa not a valid application - effect of s39 of Migration Reform Act 1992 (Cth) - whether visa is one for which the applicant "had applied" for the purposes of s48(b)(i) of the Migration Act 1958 (Cth). Migration Act 1958 (Cth) ss 5(9), 34, 45, 46, 48 Migration Reform Act 1992 (Cth) s 39 Migration Legislation Amendment Act 1994 (Cth) Migration Regulations (Cth) reg. 117A Dai Xing Yao v The Minister for Immigration and Ethnic Affairs and the Refugee Review Tribunal (unreported Full Federal Court, 18 September 1996) OLIULLAH KHAN v MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 909 of 1995 CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 909 of 1995 GENERAL DIVISION ) BETWEEN: OLIULLAH KHAN Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996 MINUTES OF ORDER THE COURT ORDERS THAT: The decision that the application for a visa made by the applicant on 28 July 1995 was not a valid application for a visa is affirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 909 of 1995 GENERAL DIVISION ) BETWEEN: OLIULLAH KHAN Applicant AND: MINISTER OF STATE FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996
REASONS FOR JUDGMENT THE APPLICATION By an amended application for review, the applicant challenges a decision that an application for a visa made by him on 28 July 1995 was not a valid application for a visa ("the decision"). He seeks the following substantive orders: "1. An order that the decisions under review be set aside. 2. A declaration that the applicant's application for a visa lodged with the Australian Consulate-General in Auckland, the subject of the decision, was a valid application pursuant to s46 of the Migration Act 1958. 2A.An order that a writ of mandamus issue directing the respondent to consider the applicant's said
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