Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Manatiy v Minister for Immigration and Multicultural Affairs [2007] FCA 28
MIGRATION – British subject entered Australia as of right in 1956 and left Australia in 1973 – claims, for the purposes of the Close Ties visa under the Migration Regulations 1994 (Cth) Sch 2, Subclass 832, that she ceased to hold an "entry permit" by virtue of the entry into force of the Migration Act 1958 (Cth). STATUTORY INTERPRETATION – definition of "entry permit" for the purposes of a Close Ties visa.
Migration Act 1958 (Cth) s 4(1), s 5(1), s 6, s 7, s 9, s 11, s 23, s 29, s 34 Immigration Act 1901-1949 (Cth) s 3(1) Migration Reform Act 1992 (Cth) Migration Legislation Amendment Act 1989 (Cth)
Migration Regulations 1994 (Cth) Reg 1.03, Schedule 2 Subclass 832 Migration Amendment Regulations 2000 (No 2) (Cth)
Commonwealth Parliamentary Debates, House of Representatives, May 1958 Migration Legislation Amendment Bill 1994 (Cth), Explanatory Memorandum Potter v Minahan (1908) 7 CLR 277 cited Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 230 ALR 370 cited Re Patterson; Ex parte Taylor (2001) 207 CLR 391 cited
Crock, Immigration and Refugee Law in Australia, Federation Press 1998
MARY JANE MANATIY v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND MIGRATION REVIEW TRIBUNAL No SAD 129 of 2006
FINN J
29 January 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 129 OF 2006
BETWEEN: MARY JANE MANATIY
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: FINN J DATE OF ORDER: 29 JANUARY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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