Cabal v Minister for Immigration & Multicultural Affairs [1999] FCA 11

FEDERAL COURT OF AUSTRALIA

Cabal v Minister for Immigration & Multicultural Affairs [1999] FCA 11

IMMIGRATION – bridging visa E (Class WE) – application for – whether valid application – whether application invalid if application form signed in blank by applicant and filled up by solicitor or agent – whether application made at an "office of Immigration" – whether applicant "eligible non-citizen" – whether applicant presenting passport issued in assumed name had been "immigration cleared" –whether and at what time detention review officer was "informed of the application" – whether Minister made a decision within the prescribed period of two working days – whether in default of decision within the prescribed period visa taken to have been granted – whether prescribed period extended by agreement – whether applicant waived or estopped from invoking time limit – whether sub-regulation limiting duration of visa deemed to have been granted for five days valid exercise of regulation-making power Migration Act 1958 (Cth), ss 5, 45(2), 46(1)(b), 72(1), 73, 74, 75, 166(1), 172(1) Acts Interpretation Act 1901 (Cth), s 36(1) Migration Regulations 1.03, 2.07, 2.10, 2.24, Schedule 1 Part 3 Item 1305, Schedule 2 Items 050.511 and 050.516

TERESA PASINI CABAL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MR ROSS FURLONG

V 3 OF 1999

MONSERRAT GONZALES KARRAS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND MR ROSS FURLONG

V 4 OF 1999

RYAN J

12 JANUARY 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3 OF 1999

BETWEEN: TERESA PASINI CABAL

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

MR ROSS FURLONG (in his capacity as an officer under the Migration Act 1958 (CTH))

Second Respondent