Sidhu v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCA 69

FEDERAL COURT OF AUSTRALIA

Sidhu v Minister for Immigration & Multicultural & Indigenous Affairs [2007] FCA 69

MIGRATION – Application for writ of mandamus or injunction requiring respondents to evidence Transitional (Permanent) visa into applicant's passport – applicant held a Return Endorsement – consideration of Transitional (Permanent) visa – Return Endorsement ceased to have effect before date of introduction of Transitional (Permanent) visa therefore applicant never held such a visa – waiver of conditions attaching to return endorsement not made out where respondents' conduct was not deliberate – respondents cannot be estopped from denying the existence of a visa the applicant never held – application dismissed. Migration Act 1958 (Cth) s 70, s 475A Migration Amendment Act 1979 (Cth) Statute Law (Miscellaneous Provisions) Act 1987 (Cth) s 5(14) Migration Reform (Transitional) Regulations 1994 (Cth) reg 9 Migration Regulations 1994 (Cth) reg 2.18

Jones v Dunkel (1959) 101 CLR 298 cited Minister for Immigration and Multicultural Affairs v Bhardwaj (2001) 209 CLR 597 cited Jadwan Pty Ltd v Secretary, Department of Health and Aged Care (2003) 204 ALR 55 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 cited Rush v Commissioner of Police [2006] FCA 12 cited The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 cited Smyth & Co v Bailey & Co [1940] 3 All ER 60 cited Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 cited Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 cited Minister for Immigration & Ethnic Affairs v Kurtovic (1990) 21 FCR 193 cited Minister for Immigration & Ethnic Affairs v Petrovski (1997) 73 FCR 303 cited

SHARON SIDHU v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND PRINCIPAL MIGRATION OFFICER, AUSTRALIAN HIGH COMMISSION, MALAYSIA SAD 329 OF 2005