Sales v Minister for Immigration and Citizenship

• 1. Immigration
  2. › Visas
  3. › Transitional (permanent) visa
  4. › Whether person who entered Australia as British subject in 1954 without entry permit was 'the holder' of a permanent entry permit for purposes of reg 4(1) of Migration Reform (Transitional Provisions) Regulations 1994
  5. › Migration Act 1958 (Cth), ss 5, 34, 501(2), 501F(3)
  6. › Migration Reform (Transitional Provisions) Regulations 1994, reg 4(1)
  7. › Migration Reform Act 1992 (Cth), s 40(1A), (5)
• 1. Immigration
  2. › Visas
  3. › Cancellation on character grounds
  4. › Whether transitional (permanent) visa was 'granted' within meaning of s 501(2)
  5. › Whether visa conferred by operation of law rather than by act of Minister constitutes visa 'granted to a person'
  6. › Distinction between visa 'held' and visa 'granted'
  7. › Migration Act 1958 (Cth), ss 29, 67, 501(2), 501F
• 1. Immigration
  2. › Visas
  3. › Cancellation on character grounds
  4. › Whether Minister's purported cancellation of non-existent transitional (permanent) visa operated to cancel absorbed person visa under s 501F(3)
  5. › Whether mistake in identifying visa to be cancelled could be disregarded
  6. › Migration Act 1958 (Cth), ss 501(2), 501F(3)
• 1. Statutes
  2. › Construction
  3. › Words and phrases
  4. › 'granted'
  5. › 'the holder of'
  6. › Whether 'granted' in s 501(2) of Migration Act 1958 (Cth) limited to visas granted by act of Minister or deemed by statute to have been granted
  7. › Whether purposive construction authorises court to constructively amend legislation

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