Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Atta v Minister for Immigration and Border Protection [2018] FCA 145 Appeal from: Atta & Anor v Minister for Immigration [2017] FCCA 2544
File number: NSD 1928 of 2017
Judge: BROMBERG J
Date of judgment: 14 February 2018
Catchwords: MIGRATION – Migration Act 1958 (Cth), s 48 – appeal from decision of Federal Circuit Court finding that appellants' visa application was invalid – where appellant held diplomatic visa which permitted its holder to remain in Australia for duration of status as a diplomat or consular representative – where diplomatic status had ended in 2012 but was not communicated to Australian authorities – whether visa application in 2016 was valid – primary judge correctly held criteria of s 48 satisfied – visa application invalid – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 46, 82 Migration Regulations 1994 (Cth) reg 2.12, cl 995 of Sch 2
Cases cited: Atta & Anor v Minister for Immigration [2017] FCCA 2544 Minister of Immigration and Border Protection v Kim (2014) 221 FCR 523
Date of hearing: 14 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
Counsel for the Appellants: The First Appellant appeared in person and on behalf of the Second Appellant with the assistance of an interpreter
Counsel for the Respondent: Mr T Reilly
Solicitor for the Respondent: Mills Oakley
ORDERS NSD 1928 of 2017
BETWEEN: MOHAMED MAGDY MAHMOUD RA ATTA First Appellant
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