Xie v Immigration Department [1999] FCA 1493

Xie v Immigration Department [1999] FCA 1493

The applicant was not entitled to a declaration that he held a Bridging Visa Sub-Class C. The documents lodged on 18 January 1990, read together, amounted only to an application for a Class 434 entry permit. By 1 September 1994 that application had been finally determined because the permit could not be granted for a period ending after 31 January 1991 and the relevant regulation had been repealed. The evidence also established on the balance of probabilities that the applicant was issued a Class 437 entry permit on 8 July 1993, so that application had also been finally determined before 1 September 1994. Accordingly Regulation 10(1)(a) of the Transitional Regulations did not apply.

Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Application for Declaration of Entitlement to a Bridging Visa Sub Class C / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['bridging Visa Sub Class C' 'entry Permits' 'migration Reform (transitional Provisions) 1994 Regulations' 'whether Applications Had Not Been Finally Determined' 'unlawful Non Citizen']
['immigration Law' 'administrative Law'] ['bridging Visa Sub Class C' 'entry Permits' 'migration Reform (transitional Provisions) 1994 Regulations' 'whether Applications Had Not Been Finally Determined' 'unlawful Non Citizen']

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Procedural Posture

Application for Declaration of Entitlement to a Bridging Visa Sub Class C / Final Judgment

Legal Issues

  1. 1 ['Whether any application made by the applicant on 18 January 1990 for an entry permit had not been finally determined as at 1 September 1994 within the meaning of Regulation 10(1)(a) of the Migration Reform (Transitional Provisions) 1994 Regulations.' 'Whether the applicant was granted a Class 437 entry permit on or about 8 July 1993, or whether that application had not been finally determined as at 1 September 1994.' 'Whether the applicant was entitled to be taken to have been granted a Bridging Visa Sub-Class C under Regulation 10 of the Migration Reform (Transitional Provisions) 1994 Regulations.']

Ratio Decidendi

The applicant was not entitled to a declaration that he held a Bridging Visa Sub-Class C. The documents lodged on 18 January 1990, read together, amounted only to an application for a Class 434 entry permit. By 1 September 1994 that application had been finally determined because the permit could not be granted for a period ending after 31 January 1991 and the relevant regulation had been repealed. The evidence also established on the balance of probabilities that the applicant was issued a Class 437 entry permit on 8 July 1993, so that application had also been finally determined before 1 September 1994. Accordingly Regulation 10(1)(a) of the Transitional Regulations did not apply.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs including any reserved costs."]