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Mulvaney v Wintulich

Mulvaney v Wintulich

Case [1995] FCA 1204

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AGLC: Minister for Immigration and Ethnic Affairs v Polat [1995] FCA 1204
Case: [1995] FCA 1204
Decision Date: 29 Sep 1995

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Citations

Minister for Immigration and Ethnic Affairs v Polat [1995] FCA 1204

Most Recent Citation

Coinvest Limited v Bestaff Australasia Pty Ltd [2012] VCC 1474

Cases Citing This Decision

Nguyen v Minister for Immigration and Citizenship [2025] FedCFamC2G 1575
Citation 1 (Para 29)

…slation (or principles emerging from case law) did not constitute information (citing Minister for Immigration and Ethnic Affairs v Sabri Polat [1995] FCA 1204 at [401] and Singh v Minister for Immigration & Citizenship [2011] FCAFC 27 at [47]-[48]) and the Tribunal put to the applicant information obtained from t…
Palmer v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 154
Citation 2 (Para 26)

…e can be no estoppel against a statute: Attorney General (NSW) v Quin (1990) 170 CLR 1 at 17; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 105. … See also Federal Commissioner of Taxation v Wade (1951) 84 CLR 105, 116.…
Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 340
Citation 3 (Para 22)

…ere can be no estoppel against a statute: Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 17; Minister for Immigration & Ethnic Affairs v Polat [1995] FCA 1204; (1995) 57 FCR 98 at 105. A contrary proposition was once countenanced by F T Brennan J in Egan v Commissioner of Taxes (Qld) (1934) 3 ATD 53 at 55. In a…
McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCAFC 152
Citation 4 (Para 15)

…; Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 105, 107; Formosa v Secretary, Department of Social Security (1988) 46 FCR 117.…
McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 843
Citation 5

…rs v Petrovski (1997) 73 FCR 303 Minister for Immigration and Ethnic Affairs, v Polat (1995) 57 FCR 98 Minister for Immigration and Multicultural Affairs v “X” [2001] FCA 858 Minister for Immigration and Multicultural Affairs v McDade [2001] FCA 457; 109 FCR 137 Minister for Lands and Forests v McPherson (1991) 22…
Slattery v Fordyce; Fordyce v Slattery [2019] NSWSC 173
Citation 6

…f Bitar Pty Ltd [2015] NSWSC 2158 Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 Neil v Legal Profession Complaints Committee [2011] WASCA 48 O’Connor v Soul [2015] NSWDC 294 Pantorno v The Queen (1989) 166 CLR 466; [1989] HCA 18 Pentelow v Bell Lawyers Pty Ltd trading as Bell Lawyers [2013] NSW…
Verma & Anor v Reynolds [2018] ACAT 89
Citation 7

…The Matter Of Ruling Tribunal Section 31 of the Unit Titles (Management) Act 2011 [2017] ACAT 56 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98, 105-107 Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustees for St Mary Mackillop College Canberra v Kenn…
Den Hertog (Migration) [2017] AATA 2447
Citation 8 (Para 37)

…] Minister of Immigration, Local Government and Ethnic Affairs v Kurtovic [1990]FCA 22 at [12]; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 (Davies, Whitlam and Branson JJ); Haque v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 55; Wang v Minister for Immigra…
Reid (Migration) [2017] AATA 753
Citation 9 (Para 39)

…16] Minister of Immigration, Local Government and Ethnic Affairs v Kurtovic [1990]FCA 22 at [12]; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 (Davies, Whitlam and Branson JJ); Haque v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FMCA 55; Wang v Minister for Immig…
Wagner and Migration Agents Registration Authority [2016] AATA 957
Citation 10 (Para 28)

…lat [28] at [22] – “ … a court may not relieve against non-compliance with a requirement which the statute intends shall be satisfied ”. [28] [1995] FCA 1204.…
Wagner and Migration Agents Registration Authority [1986] AATA 287
Citation 11 (Para 28)

…lat [28] at [22] – “ … a court may not relieve against non-compliance with a requirement which the statute intends shall be satisfied ”. [28] [1995] FCA 1204.…
Sheth v Minister for Immigration [2015] FCCA 3172
Citation 12 (Para 4)

…re can be no estoppel against a statute : Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 17; Minister for Immigration & Ethnic Affairs v Polat [1995] FCA 1204; (1995) 57 FCR 98 at 105. A contrary proposition was once countenanced by F T Brennan J in Egan v Commissioner of Taxes (Qld) (1934) 3 ATD 53 at 55…” [Em…
Studio Fashion (Australia) Pty Ltd and Chief Executive Officer of Customs [2015] AATA 366
Citation 13 (Para 1)

…R 117 at 124-5; 15 ALD 657; 81 ALR 687 per Davies and Gummow JJ and Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 104-7; 37 ALD 394 per Davies and Branson JJ and at FCR 111 per Whitlam J. In any event estoppel cannot operate, directly or indirectly, to confer any jurisdiction or power on a…
Patel v Minister For Immigration & Anor [2014] FCCA 2000
Citation 14 (Para 7)

…JJ. [103] (1990) 170 CLR 1 (“ Quin ”). [104] Quin CLR at 17 per Mason CJ. See also: Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 105 per Davies, Whitlam and Branson JJ. [105] Singh FCR at 566 per Keane CJ, Collier and Logan JJ; FCAFC at para.48 per Keane CJ, Collier and Logan JJ; Jihui Chen…
Diamant & Ors v Minister for Immigration & Anor [2014] FCCA 21
Citation 15 (Para 1)

…Affidavit, para.9. [50] First Applicant’s Affidavit, para.10. [51] Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 105 per Davies and Branson JJ (“ Polat ”).…
City of Swan v LWP Property Group Pty Ltd [2013] WASCA 90
Citation 16

…SCA 117; [1999] 3 VR 331 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Paridis v Settlement Agents Supervisory Board [2007] WASCA 97; (2007)…
Singh v Minister for Immigration & Anor [2012] FMCA 821
Citation 17 (Para 1)

…h a requirement which a statute intends shall be satisfied. See generally the discussion in Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 104-106. Here the statutory scheme is patent. Once a certificate issues, and non-compliance was not due to exceptional circumstances, the condition is n…
Queensland Harness Racing Limited v Racing Queensland Limited [2012] QSC 34
Citation 18 (Para 1)

…[7]Relying on Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193, 208, 210; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98, 105, 107; see also Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 139 CLR 54, 74-76; Attorney-General (NSW) v Quin (1990) 17…
SINGH v Minister for Immigration [2011] FMCA 832
Citation 19 (Para 4)

…t to an assumption on which he acted and as such there is no foundation for estoppel; see Minister for Immigration and Ethnic Affairs v Sabri Polat (1995) 57 FCR 98 at [105].…
Mann v Minister for Immigration [2011] FMCA 667
Citation 20 (Para 9)

…ation”. The application was not “made” until 17 March on which day she did not hold a valid student visa. In Minister for Immigration v Polat (1995) 57 FCR 98 Mr Polat was required to have a valid entry permit at the time he lodged an application under s.47(1) of the Act. He did not have such a permit because he de…
KELLY v Minister for Immigration [2011] FMCA 557
Citation 21 (Para 2)

…Government and Ethnic Affairs v Kurtovic (1990) 92 ALR 93, 111. To the same effect, in Minister for Immigration and Ethnic Affairs v Sabri Polat [1995] FCA 1204 (1995) 37 ALD at [401], Davies and Branson JJ said: The view taken in Richmond is similar to that expressed in this country in the cases to which referen…
O'Donoghue v Minister for Immigration and Citizenship (No 3) [2011] FCA 668
Citation 22 (Para 1)

…blic law (see Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 per Gummow J (at 207-208) and Minister for Immigration v Polat (1995) 57 FCR 98 per Davies and Branson JJ (at 105)).…
O'Donoghue v Minister for Immigration & Anor (No.4) [2010] FMCA 513
Citation 23 (Para 12)

…In Minister for Immigration v Polat (1995) 57 FCR 98 at 105 Davies and Branson JJ considered the exceptions to the general rule: The exceptions appear to be cases, such as Lever Finance Ltd v Westminster (City) London Borough Council [1971] 1 QB 222, where decisions have been taken by officers having ostensible, th…
Gabor v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 706
Citation 24 (Para 14)

…dict a statute or to extend the authority of a decision-maker beyond that given by the statute: Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 105-107 per Davies and Branson JJ; Australian Education Union v Lawler (2008) 169 FCR 327 at [185] per Jessup J (Lander J agreeing).…
JOHN PATRICK ETTRIDGE and MILITARY REHABILITATION AND COMPENSATION COMMISSION [2010] AATA 415
Citation 25

…cial Security (1988) 46 FCR 117 at 125.7; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 107; Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 17.2.” [9] [9] At [27]…
Air Tahiti Nui Pty Ltd v McKenzie [2009] NSWCA 429
Citation 26

…es v Commissioner of State Taxation (WA) [1975] HCA 55; 133 CLR 125 Minister for Immigration and Ethnic Affairs v Polat [1995] FCA 1204; 57 FCR 98 Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451 Protean (Holdings) Ltd v American Home Assurance Co (1985) 4 ANZ Insurance Cases 60-683 Sarat Chunder Dey…
Sidhu v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 69
Citation 27 (Para 9)

…In Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98, Davies and Branson JJ said at 107: ‘Estoppel will not operate so as to contradict a statute or to extend the authority of a decision-maker beyond that given by the statute.’…
Rajcinoski v Secretary, Department of Employment and Workplace Relations [2006] FCA 1396
Citation 28 (Para 14)

…Family and Community Services [2005] FCAFC 239 at [20] per Kiefel, Jacobson and Greenwood JJ; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 104-7 per Davies and Branson JJ ( ‘Polat’) ; and Formosa v Department of Social Security (1988) 46 FCR 117 at 125 per Davies and Gummow JJ).…
CHEN v Minister for Immigration [2006] FMCA 304
Citation 29 (Para 18)

…te so as to override the express provisions of a statute. As the Full Court of the Federal Court in Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 107: Estoppel will not operate so as to contradict the statute or to extend the authority of a decision-maker beyond that given by the statute…… E…
HAQUE v Minister for Immigration [2006] FMCA 55
Citation 30 (Para 15)

…ster for Immigration and Multicultural Affairs (1997) 71 FCR 386 at 392, Minister for Immigration and Multicultural Affairs v Polat (1995) 57 FCR 98 at 104-107 and B v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 120 at 131-132.”…
Butcher v Minister for Immigration [2005] FMCA 880
Citation 31 (Para 9)

…ternative construction” (at [33]). It was also acknowledged (at [33]) that as was emphasised by a Full Court of the Federal Court in MIEA v Polat (1995) 57 FCR 98, the court cannot make an order so as to contradict the provisions of a statute by way of relieving “against non-compliance with a requirement which the…
Re Jebb and Repatriation Commission [2005] AATA 470
Citation 32

…Australia (3 rd Ed) Formosa v Secretary, Department of Social Security (1988) 46 FCR 117 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Bramwell v Repatriation Commission (1998) 51 ALD 56 Repatriation Commission v Keeley (2000) 98 FCR 108 Repatri…
Shaukat v Minister for Immigration [2004] FMCA 510
Citation 33 (Para 15)

…on Commission (1992) 39 FCR 420 at 425; Minister for Immigration and Ethnic Affairs v Kurtovic; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 105, 107; Formosa v Secretary Department of Social Security (1988) 46 FCR 117. … 87. The Department and its officers must act according to statutory…
Jaswal v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 787
Citation 34 (Para 9)

…observe moreover that it was emphasised by a Full Court (Davies, Whitlam and Branson JJ) in Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 that the Court cannot make an order so as to contradict the provisions of a statute by way of relieving against non-compliance with a requirement which the…
FANG v Minister for Immigration [2004] FMCA 280
Citation 35 (Para 5)

…tion Commission (1992) 39 FCR 420 at 425; Minister for Immigration and Ethnic Affairs v Kurtovic; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 105, 107; Formosa v Secretary Department of Social Security (1988) 46 FCR 117.…
Applicant VFAD of 2002 v Minister for Immigration and Multicultural Affairs [2002] FCA 1062
Citation 36 (Para 14)

…doubt that estoppel, waiver or acquiescence can operate to contradict a statute: see Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 107. If that is the correct view then, if the applicant has been granted a visa under the Act he is a lawful, rather than an unlawful, non-citizen. However, i…
Salehi v Minister for Immigration and Multicultural Affairs [2001] FCA 995
Citation 37 (Para 21)

…otherwise have. Again, there is clear authority to that effect: Wang per Merkel J at 392; Minister for Immigration and Multicultural Affairs v Polat (1995) 57 FCR 98 per Davies and Branson JJ at 104 - 107 and per Whitlam J at 111; Formosa v Secretary, Department of Social Security (1988) 46 FCR 117 per Davies and…
Latitude Fisheries Pty Ltd and Anor and Australian Fisheries Management Authority [2000] AATA 1025
Citation 38 (Para 2)

…The general principles of estoppel must be, in public law, limited by the ultra vires doctrine (see Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 105-7 per Davies and Branson JJ) and if the effect of creating an estoppel would contradict a statute and extend the duty and authority of a decis…
Plug; Department of Social Security [2000] AATA 744
Citation 39 (Para 10)

…The general principles of estoppel must be, in public law, limited by the ultra vires doctrine (see Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 105-7 per Davies and Branson JJ) and if the effect of creating an estoppel would contradict a statute and extend the duty and authority of a decis…
Al Chaar v Minister for Immigration and Multicultural Affairs [2000] FCA 941
Citation 40 (Para 6)

…see Wang v Minister for Immigration and Multicultural Affairs (1997) 71 FCR 386 at 392, Minister for Immigration and Multicultural Affairs v Polat (1995) 57 FCR 98 at 104-107 and B v Minister for Immigration and Multicultural Affairs (1997) 50 ALD 120 at 131-132.…
Adams v Executive Director, Fisheries WA [2000] WASC 34
Citation 41

…Police (1995) 37 NSWLR 320 Minister for Immigration & Ethnic Affairs v Petrovski (1997) 73 FCR 303 Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 Moses (alias Moss) v Parker & Ors; Ex parte Moses [1896] AC 245 Parramatta City Council v Palmyra Freeholds Pty Ltd & Anor [1974] 2 NSWLR 83 Peacock…
Ghomrawi v Minister for Immigration and Multicultural Affairs [1999] FCA 1454
Citation 42 (Para 2)

…nciple of estoppel can excuse an administrator from performing his or her statutory obligations – Minister for Immigration & Ethnic Affairs v Polat (1995) 57 FCR 98 at 105. Even when a power to act is a discretionary one, where there is a duty under statute to exercise a free and unhindered discretion, no estoppel…
Wasfi, Mokhtar Abdel Gawad v The Commonwealth of Australia [1998] FCA 639
Citation 43

…airs (1992) 176 CLR 1 cited Pyrenees Shire Council v Day (1998) 72 ALJR 152 discussed and applied Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 applied Nguyen v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1996) 68 FCR 463 cited Grech v Featherstone (1991) 33 FCR 63 c…
Butler, Dr Bernard Stewart v Fourth Medical Services Review Tribunal [1997] FCA 773
Citation 44

…nald v Director-General of Social Security (1984) 1 FCR 354 Taylor v Minister of State for Health (1989) 23 FCR 53 Minister for Immigration v Polat (1995) 57 FCR 98…
Yong Jun Qin v Minister for Immigration and Multicultural Affairs [1997] FCA 495
Citation 45

…“mistake” (see Formosa v Secretary, Department of Social Security (1988) 46 FCR 117, Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 and Brickworks Ltd v The Council of the Shire of Warringah (1963) 108 CLR 568 at 577). In contending that O 13 r 2 could have no application here, the respondent…
Minister for Immigration and Ethnic Affairs v Petrovski [1997] FCA 154
Citation 46

…ission (1992) 39 FCR 420 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98…
Obeid v Victorian Urban Development Authority [2012] VSC 251
Citation 47 (Para 1)

…rit. [138] Minister for Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98, 105.…
Vukovic v Transport Accident Commission [2009] VSC 497
Citation 48 (Para 1)

…e plaintiff did duly “apply” to the TAC for a determination of his degree of impairment. [53] Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 at 104-107 (Davies and Branson JJ). [54]See and compare Ansett v Taylor [2006] VSCA 171, esp at [39] (Ashley JA); Husson v Keppel Prince Engineering Pty…
Dungog Shire Council v Hunter Industrial Rental Equipment Pty Ltd (No 2) [2018] NSWLEC 153
Citation 49

…1987) 9 NSWLR 154 Minister for Planning v Rose Bay Marina Pty Ltd (2003) 126 LGERA 181; [2003] NSWCA 119 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 MM & SW Enterprises Pty Ltd v Strathfield Council (2010) 172 LGERA 125; [2010] NSWLEC 8 Mollica v Shire of Bulla (1992) 9 AATR 157 Mosman Municipal Council…
Coinvest Limited v Bestaff Australasia Pty Ltd [2012] VCC 1474
Citation 50

…210; Attorney -General for the State of New South Wales v Quinn (1989-1990) 170 CLR 1, 17-19, 40; Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98, 105, 107; Downward Bricklaying Pty Ltd v Goulburn-Murray Rural Water Authority (2003) 8 VR 61, 90-91 ; Chamberlain v Deputy Commissioner of Taxation…

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