Bagang, Francisco v Minister for Immigration & Multicultural Affairs [1997] FCA 804

Bagang, Francisco v Minister for Immigration & Multicultural Affairs [1997] FCA 804

The applicant's Class 830 application was taken from 1 September 1994 to be an application for a transitional (temporary) visa, but any such visa would have ceased to be valid on 1 December 1994 when the delegate refused the Class 816 and Class 818 entry permit applications. Clause 830.521(a), read with cl 830.711 and reg 2.29(1C), did not require the visa to remain valid until completion of Immigration Review Tribunal review. Accordingly, when the applicant later applied for General (Residence) and Extended Eligibility visas, he did not hold a substantive visa and had been refused a visa since last entering Australia, so s 48 prevented a valid application for the General (Residence) visa.

Jurisdiction
Australia
Judgment Date
20 August 1997
Procedural Posture
Application Pursuant to S 476 of the Migration Act 1958 (cth) for Judicial Review of a Visa Related Decision / Federal Court Review; Decision Affirmed
Outcome
Application dismissed; respondent's decision affirmed.
Legal Topics
['validity of Visa Application' 'substantive Visa Requirement' 'transitional (temporary) Visa' 'construction of Migration (1993) Regulations' 'section 48 Bar']
['migration Law' 'administrative Law'] ['validity of Visa Application' 'substantive Visa Requirement' 'transitional (temporary) Visa' 'construction of Migration (1993) Regulations' 'section 48 Bar']

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Procedural Posture

Application Pursuant to S 476 of the Migration Act 1958 (cth) for Judicial Review of a Visa Related Decision / Federal Court Review; Decision Affirmed

Legal Issues

  1. 1 ['Whether, at the time of applying for a General (Residence) visa, subclass 801, and an Extended Eligibility (temporary) visa, subclass 820, the applicant held a substantive visa for the purposes of s 48 of the Migration Act 1958 (Cth).' "Whether cl 830.521(a) of Schedule 2 of the Migration (1993) Regulations referred to the delegate's decision refusing the Class 816 or Class 818 entry permit, or to a final decision after review by the Immigration Review Tribunal."]

Ratio Decidendi

The applicant's Class 830 application was taken from 1 September 1994 to be an application for a transitional (temporary) visa, but any such visa would have ceased to be valid on 1 December 1994 when the delegate refused the Class 816 and Class 818 entry permit applications. Clause 830.521(a), read with cl 830.711 and reg 2.29(1C), did not require the visa to remain valid until completion of Immigration Review Tribunal review. Accordingly, when the applicant later applied for General (Residence) and Extended Eligibility visas, he did not hold a substantive visa and had been refused a visa since last entering Australia, so s 48 prevented a valid application for the General (Residence) visa.

Court Disposition

Application dismissed; respondent's decision affirmed.

Orders

  • ['The decision of the respondent is affirmed.']