Federal Court of Australia
Federal Court of Australia
Fanani v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 595 Appeal from: Fanani v Minister for Immigration [2020] FCCA 793
File number(s): WAD 102 of 2020
Judgment of: THOMAS J
Date of judgment: 4 June 2021
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – validity of visa application - where Federal Circuit Court found that appellant's visa application was not valid on basis that it was not "delivered by courier service" as stipulated by legislative instrument – meaning of "delivered by courier service" – whether visa application was "delivered by courier service" – appeal allowed
Legislation: Migration (IMMI 17/016: Arrangements for Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2017 (Cth) Migration Act 1958 (Cth): ss 45, 46, 47 Migration Regulations 1994 (Cth): r 2.07, sch 1 cl 1123B
Cases cited: Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192 Fanani v Minister for Immigration [2020] FCCA 793 Hacker v The Owners – Strata Plan No. 17572 [2005] FCA 1936
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 77
Date of hearing: 12 November 2020
Counsel for the Appellant: Mr Min Guo
Solicitor for the Appellant: Estrin Saul Lawyers
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