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Case Analysis Of Project Blue Sky Inc V Australian Broadcasting Authority

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THE ISSUE The case raised questions regarding proper construction of provisions of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) relating to a valid visa application. DECISION Judge Tracey held that the Minister is only entailed to consider a visa application if it is valid according to Sections 45-47 of Migration Act 1958. Judge Tracey also found, that the methods of lodgement provided in item 1229(3) in Schedule 1 of the Regulations, should be treated as exhaustive and it was mandatory for the applicant to comply with the requirements. Failure to do so, resulted in an invalid visa application which the deciding Case Officer was not bound to consider. The application was lodged using facsimile instead of one of the methods prescribed in Schedule 1 Item 1229, being internet, post or courier. REASON Judge Tracey had regard to Project Blue Sky Inc v Australian Broadcasting Authority, in relation to issues with the construction of statutes. The case proposed that in order to define the purpose of a legislation, the extent and aim of the whole statute and the language of the relevant provision should be taken into consideration. Similarly, in “The Engineers Case” the court stated that the language of a statute should be examined in its ordinary and natural sense in order to understand the intent of Parliament behind making it. Judge Tracey also quoted Wu Yu Fang & 117 Ors v The Minister for Immigration and Ethnic Affairs & Anor and Onea,

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