Ogawa v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 1694

Ogawa v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 1694

The Federal Magistrate did not err in concluding that on 19 May 2006 Ms Ogawa did not hold a current Bridging visa because the deemed abandonment of her special leave application to the High Court, as mandated by Rule 41.10.4, caused her Bridging visa to expire 28 days thereafter. At that date, no outstanding request for Ministerial intervention was being assessed by an officer under s 351 of the Migration Act 1958 (Cth), as required by the Migration Regulations. The issues of withdrawal of the Ministerial intervention request, or who may withdraw it, did not affect these conclusions. Subsequent events, including the High Court's reinstatement of special leave, could not be considered on...

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Appeal / Final Judgment (federal Court of Australia, Post Federal Magistrates Court Decision)
Outcome
Appeal dismissed
Legal Topics
['bridging Visas' 'judicial Review' 'ministerial Intervention' 'deemed Abandonment of Special Leave' 'unlawful Non Citizen Status']
['administrative Law' 'migration Law'] ['bridging Visas' 'judicial Review' 'ministerial Intervention' 'deemed Abandonment of Special Leave' 'unlawful Non Citizen Status']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment (federal Court of Australia, Post Federal Magistrates Court Decision)

Legal Issues

  1. 1 ["Whether the appellant's judicial review proceedings had been completed under subclause 050.212 of the Migration Regulations 1994 for the purposes of a Bridging visa" 'Whether the appellant was an unlawful non-citizen under s 189 of the Migration Act 1958 (Cth)' 'Whether the Federal Magistrate erred in holding that the request for Ministerial intervention under s 351 of the Migration Act was not being assessed' 'Whether withdrawal of the request for Ministerial intervention was proper or had legal effect' "Whether the Minister's delegate or only the Minister personally can exercise power under s 351"]

Ratio Decidendi

The Federal Magistrate did not err in concluding that on 19 May 2006 Ms Ogawa did not hold a current Bridging visa because the deemed abandonment of her special leave application to the High Court, as mandated by Rule 41.10.4, caused her Bridging visa to expire 28 days thereafter. At that date, no outstanding request for Ministerial intervention was being assessed by an officer under s 351 of the Migration Act 1958 (Cth), as required by the Migration Regulations. The issues of withdrawal of the Ministerial intervention request, or who may withdraw it, did not affect these conclusions. Subsequent events, including the High Court's reinstatement of special leave, could not be considered on...

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]