Federal Court of Australia
Federal Court of Australia
Moorcroft v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1348 File numbers: QUD 345 of 2021 QUD 350 of 2021
Judgment of: DERRINGTON J
Date of judgment: 2 November 2021
Catchwords: MIGRATION – application for declaration that applicant holds bridging visa – applicable criteria – previously invalidly granted visa albeit found to be valid until decision overturned – whether applicant could rely on grant of previous visa – application dismissed
Legislation: Migration Act 1958 (Cth) ss 32, 65, 67, 72, 172
Cases cited: Commissioner for Railways (NSW) v Cavanough (1935) 53 CLR 220 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 95 ALJR 557 Moorcroft v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 275 FCR 276 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd (2021) 95 ALJR 128 Plaintiff S297/2013 v Minister for Immigration and Border Protection (2014) 255 CLR 179 State of New South Wales v Kable (2013) 252 CLR 118
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 60
Date of hearing: 1 November 2021
Solicitor for the Applicant: Mr J McComber of Sentry Law
Counsel for the Respondent: Mr C Lenehan SC with Mr J Wherrett
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