Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Donoghue v Minister for Immigration and Citizenship (No 3) [2011] FCA 668 Citation: O'Donoghue v Minister for Immigration and Citizenship (No 3) [2011] FCA 668
Appeal from: O'Donoghue v Minister for Immigration & Anor (No.4) [2010] FMCA 513
Parties: VINCENT THOMAS O'DONOGHUE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: WAD 209 of 2010
Judge: MCKERRACHER J
Date of judgment: 13 June 2011
Catchwords: MIGRATION – Migration Act 1958 (Cth) s 65 – Migration Regulations 1994 (Cth) Sch 2 regs 856.213-222 – Employer Nomination (Residence) (Class BW) (Subclass 856) visa –whether the Department's statements that an application was on hold constituted a clear and unambiguous promise - estoppel - whether the Minister was estopped from determining the visa application before final determination in extradition proceedings – whether the Minister had made representations - whether there was detrimental reliance – whether there was procedural fairness
Legislation: Migration Act 1958 (Cth) s 65 Migration Regulations 1994 (Cth) Regs 856.213-222
Cases cited: Commonwealth v Verwayen (1990) 170 CLR 394 Minister for Immigration v Polat (1995) 57 FCR 98 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 O'Donoghue v Minister for Immigration and Citizenship [2010] FCA 1486 O'Donoghue v Minister for Immigration and Citizenship (No 2) [2011] FCA 118
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