30 Jun 2009
K CHOPRA AND ANOR V DEPARTMENT OF LABOUR HC AK CIV 2009-404-911
- Citation
- openlaw-2e7c595b_54cf_4d2b_a72e_2ecc5a66e7b1.pdf
- Court
- High Court
A visa officer is not obliged under s 14C(2) to issue a returning resident's visa where the officer knows that s 7 prohibits the grant of a residence permit on return; the mandatory wording in s 14C(2) is qualified by the statutory scheme (including s 14A and s 7) and issuing a visa in those circumstances would undermine the deportation regime and ministerial control.