BRGAB of 2007 v Minister for Immigration & Citizenship (No 2) [2007] FCA 1992

PLACE: BRISBANE

REASONS FOR JUDGMENT

INTRODUCTION

The student visa 1 The appellant is a citizen of Japan. She arrived in Australia in 1999 as the holder of a student visa. That visa was due to expire in March 2004 but it was cancelled in September 2003 pursuant to s 116(1)(b) of the Migration Act 1958 (Cth) ('the Act'). The appellant challenged the cancellation of her visa before the Migration Review Tribunal ('the MRT'). Although the MRT found in her favour, the decision was handed down in June 2004, by which time her visa would have expired regardless. 2 The appellant sought judicial review of the MRT decision in the Federal Court. In July 2004 she secured a Bridging E visa ('the original bridging visa'), which was to remain valid for 28 days after completion of the judicial review proceedings. The appeal to the Federal Court was dismissed and leave to appeal to the Full Court of the Federal Court was refused in November 2004. In December 2004 the appellant applied to the High Court for special leave to appeal the decision of the Full Court to refuse leave to appeal. The appellant was deemed to have abandoned her application for special leave in January 2005 because she did not file a written case and a draft notice of appeal within 28 days of filing her special leave application. 3 The Minister concluded that the original bridging visa expired 28 days after the deemed abandonment of her special leave application. In May 2006 the appellant was detained in immigration detention pursuant to s 189 of the Act. 4 The appellant again sought the issue of a bridging visa. That decision was refused by a delegate of the Minister. The appellant's challenge to that decision was unsuccessful. 5 The appellant has succeeded in having her application for special leave to the High Court in respect of the original bridging visa reinstated.