Cabrera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 129

FEDERAL COURT OF AUSTRALIA

Cabrera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 129 Appeal from: Cabrera & Ors v Minister for Immigration [2019] FCCA 1540

File number(s): NSD 1194 of 2019

Judge(s): ANDERSON J

Date of judgment: 17 February 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of determination of departmental officer that appellants' visa application was invalid – where appellants lodged visa application on the day prior to the expiry of their previous visas – where appellants paid first instalment of visa application charge by funds transfer – where funds were not electronically matched until the day after appellants' previous visas had expired – whether visa application was valid – consideration of the operation of reg 2.12JA(3) of the Migration Regulations 1994 (Cth) Held: appeal dismissed – visa application by appellants was invalid – reg 2.12JA(3) has the effect that, where a visa applicant makes an Internet application, and elects to pay visa application charge by funds transfer, the payment of the charge is taken not to have been made until it is electronically matched to the visa applicant's Internet application form

Legislation: Migration Act 1958 (Cth) ss 45, 45(1), 45A, 45B, 45C, 45C(2)(ii), 46, 46(1)(b), 46(1)(ba), 46(3), 46(4)(a), 47(1), 47(3), 339 (repealed) Migration Amendment Regulations 2004 (No 8) (Cth) Sch 2, item 1 Migration Regulations 1994 (Cth) Divs 2.2, 2.2A, regs 2.07, 2.07(1), 2.12C, 2.12C(1), 2.12JA, 2.12JA(1)(b), 2.12JA(2), 2.12JA(3), 2.12JA(4), Sch 1, items 1114B, 1114B(2)(a), 1114B(3)(c)