Federal Court of Australia
Federal Court of Australia
Sleiman v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 459 Appeal from: Sleiman v Minister for Immigration [2019] FCCA 3294
File number(s): NSD 1849 of 2019
Judgment of: RARES J
Date of judgment: 21 April 2022
Catchwords: MIGRATION – whether second delegate's refusal of second application to waive no further stay condition in visitor's visa affected by jurisdictional error – whether compelling grounds and substantially different circumstances within meaning of reg 2.05(4) of the Migration Regulations 1994 (Cth) to support second waiver request to waive condition – Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 41 Migration Regulations 1994 (Cth) reg 2.05 and Sch 8
Cases cited: Boutros v Minister for Immigration and Border Protection [2019] FCA 851 Minister for Immigration, Citizenship, Migrant Services, Multicultural Affairs v AAM17 (2021) 388 ALR 257 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 30 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 Sleiman v Minister for Immigration [2019] FCCA 3294
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of hearing: 21 April 2022
Counsel for the Appellant: Appellant was self-represented
Solicitor for the Respondent: HWL Ebsworth Lawyers
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