Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration & Citizenship [2008] FCA 1284
MIGRATION – appeal from decision upholding refusal of grant of Subclass 497 visa –whether the absence of the phrase "despite anything else in this Act" has the effect that condition 8534 does not fall within the scope of s 41(2)(a) of the Migration Act – whether s 46(1A) therefore does not preclude a person holding a visa subject to condition 8534 from applying for another visa – held that s 41(2)(a) authorises a condition such as condition 8534 – condition 8534 conforms to the requirement of the description contained in s 41(2)(a) – held the Tribunal was not in error in concluding that condition 9534 was valid and operative – appeal dismissed
Federal Court Rules O 52 r 22(3) Migration Act 1958 (Cth) ss 41(2)(a), 41(2A), 46(1A) Migration Regulations 1994 (Cth) item 497 of Sch 2, condition 8534 of Sch 8
Singh & Ors v Minister for Immigration & Anor [2007] FMCA 1739 affirmed SANGITA DEVI SINGH, KAMAL DIP SINGH, KRIT CRISHAL SINGH, KRISTIKA SHARNEAL SINGH, KAUSHIK KUSHNIL SINGH and KEERTI SANANJANA SINGH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
NSD 2350 of 2007
SPENDER J
20 AUGUST 2008
brisbane (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2350 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SANGITA DEVI SINGH
First Appellant
KAMAL DIP SINGH
Second Appellant
KRIT CRISHAL SINGH
Third Appellant
KRISTIKA SHARNEAL SINGH
Fourth Appellant
KAUSHIK KUSHNIL SINGH
Fifth Appellant
KEERTI SANANJANA SINGH
Sixth Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
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