Implications of Beni v Minister for Immigration and Border Protection

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
Question 1: Implications
The case of Beni v Minister for Immigration and Border Protection [2018] FCAFC 2281 is
an appeal preferred from the case of Beni v Minister for Immigration and Border Protection
[2018] FCAFC 7562. This appeal has been instituted with respect to extensions of time for the
filing of applications for merits review with the Administrative Appeals Tribunal. This appeal
has been instituted against the decision that has been delivered by the Federal Circuit Court.
The court has dismissed a review of judicial nature to be effected with respect to a decision
that has been delivered by the tribunal. The tribunal in the present case has denied the
authority to question a decision of cancellation of visa that has been made by the minister or
his delegate with respect to Temporary Business Entry (Class UC) (Subclass BCD) visa. The
tribunal has quashed the claim of the appellant on the basis of the time limit within which the
appellant are bound to make the application of such a challenge provided under section 347
of the Migration Act 19583. It also considers the provision contained in regulation 4.10 of the
Migration Regulations 1994 (Cth)4. Under this section of the legislations the appellant is
required to bring a challenge against the decision of the minister cancelling the visa within
seven days to be calculated from the date on which the appellant has been notified with
respect to such a cancellation.
This case has been a ground-breaking judgement in the history of immigration in
Australia. It bears a considerable amount of implications in the Australian Migration Law.
Firstly, the case made it very clear that, any proceeding, challenging a decision of the
minister effecting the cancellation of a visa, that has been presented before the tribunal, after
the elapsing of the time prescribed by section 347 of the Migration Act 1958 and regulation
1 Beni v Minister for Immigration and Border Protection [2018] FCAFC 228
2 Beni v Minister for Immigration and Border Protection [2018] FCAFC 756
3 The Migration Act 1958 s. 347
4 The Migration Regulations 1994 (Cth) reg. 4.10

2MIGRATION LAW
4.10 of the Migration Regulations 1994 (Cth). The laws provides for the period within which
the proceeding before the tribunal is required to be brought after being notified about the
cancellation of the visa by the minister or any of his delegates. The appellant is required to
bring a challenge against the decision of the minister cancelling the visa within seven days to
be calculated from the date on which the appellant has been notified with respect to such a
cancellation.
Secondly, the Federal Circuit Court has the power to review the decision of the tribunal in
its judicial power only on the basis of any jurisdictional error that has been committed by the
tribunal. The Federal Circuit Court does not have the power to effect a reversal of the
decision of the Administrative Appeals Tribunal and question the validity of the decision of
the minister in cancelling the visa. This court is only concerned with the jurisdictional error
that might have been made by the court in this furtherance and not the validity of the decision
of the questioned cancellation of the visa.
Lastly, this case has reduced the unnecessary and delayed proceedings and appeals that
has been instituted by the visa holder, whose visa has been cancelled. They will refrain from
making vague and delayed claims with respect to the cancellation of the visa to be
challenged.
Question 2
1)
The issue in the present situation will be that which bridging visa would Joseph presently
hold if his student visa was cancelled 35 days ago and he did not apply for review to the
Administrative Appeals Tribunal.
In Australia, bridging visa implies a transitory visa that allows the holder of the same to
stay in Australia with respect to a specific period. This kind of visa is obtained by a person if