Parish Patience Immigration Lawyers

Lee & Ors decision overturned in FCA

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The Full Federal Court of Australia has reversed the decision of the Federal Circuit Court in Lee & Ors [2014] FCCA 2881 

In the following consolidated cases, the Full Federal Court of Australia has overturned the FCC statutory interpretation of s338 (2) (d) (ii) of the Migration Act:

  • Rana Mukhtar Ahmad v Minister for Immigration and Border Protection & Anor (NSD708/2015)

  • Manisha Sharma & Ors v Minister for Immigration and Border Protection & Anor(NSD836/2015)

  • Khaled Bahjat El Masri v Minister for Immigration and Border Protection & Anor(NSD839/2015)   

This decision by the FCA now opens the way for those 457 visa applicants whose applications for review were found to be invalid on this jurisdictional ground to continue with those reviews.  

The MIA will keep Members informed on further developments resulting from this decision.

The decisions from the three cases are available here

Source: MIA


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