Singh v Minister for Immigration & Citizenship [2008] FCA 1284

Singh v Minister for Immigration & Citizenship [2008] FCA 1284

Condition 8534, although not containing the specific phrase 'despite anything else in this Act', conforms to the description in s 41(2)(a) and is valid and operative; therefore, s 46(1A) precludes an application for another visa subject to such a condition if it is not waived.

Jurisdiction
Australia
Judgment Date
20 August 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['visa Conditions' 'statutory Interpretation' 'validity of Regulations']
['migration Law'] ['visa Conditions' 'statutory Interpretation' 'validity of Regulations']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether condition 8534 is a condition described in s 41(2)(a) of the Migration Act 1958 (Cth)' 'Whether s 46(1A) precludes a person holding a visa subject to condition 8534 from applying for another visa']

Ratio Decidendi

Condition 8534, although not containing the specific phrase 'despite anything else in this Act', conforms to the description in s 41(2)(a) and is valid and operative; therefore, s 46(1A) precludes an application for another visa subject to such a condition if it is not waived.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' 'The appellants pay the costs of the first respondent, to be taxed if not agreed.']