Mariappan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1183

Federal Court of Australia Mariappan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1183 File number(s): VID 973 of 2023

Judgment of: O'CALLAGHAN J

Date of judgment: 15 October 2024

Catchwords: MIGRATION — application for declaration that applicant holds an "absorbed person visa" within the meaning of s 34 of the Migration Act 1958 (Cth) (Migration Act) — where sole issue was whether applicant had "ceased to be an immigrant" by 2 April 1984 within the meaning of s 34(2)(b) of the Migration Act — where applicant was a "prohibited immigrant" within the meaning of the Migration Act in force at 2 April 1984 — where court bound by authority in R v Forbes; Ex parte Kwok Kwan Lee (1971) 124 CLR 168, which held that a "prohibited immigrant" cannot be absorbed into the community or cease to be an immigrant — where Minister accepted certain facts relied upon by the applicant to support contention that he had, in fact, been absorbed into the community — application dismissed

Legislation: Migration Act 1958 (Cth) ss 34, 34(2)(b) Federal Court Rules 2011 (Cth) s 16.07(2)

Boon Yin Chee v Minister for Immigration and Multicultural Affairs Chee v Minister for Immigration and Multicultural Affairs (1997) 46 ALD 542 Clubb v Edwards (2019) 267 CLR 171 Eqi Wong v Minister for Immigration and Ethnic Affairs [1997] FCA 1002 Cases cited: Johnson v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 136 FCR 494 R v Forbes; Ex parte Kwok Kwan Lee (1971) 124 CLR 168 Rooney v Minister for Immigration and Ethnic Affairs (1996) 67 FCR 590 Sit v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 40 Tjandra v Minister for Immigration and Ethnic Affairs (1996) 67 FCR 577 Yong v Minister for Immigration and Ethnic Affairs (1996) 67 FCR 566