Federal Court (Full Court). By reason of s 82(2) of the Migration Act 1958 (Cth), the Appellant's ETA ceased to be in effect upon the grant of a subclass 600 visa. When the latter visa ceased to be in effect, was the ETA reactivated by operation of law?
Sequences of events:
- On 15 December 2014, the Appellant was granted and entered Australia on an Electronic Travel Authority (ETA), which allowed him to enter Australia on multiple occasions within a 12 month period and to remain in Australia, after each entry, for three months.
- On 18 December 2014, the Appellant entered Australia on the ETA, which means that he was required to leave again by 18 March 2015.
- On 24 February 2015, the Appellant applied for a subclass 600 visa (visitor visa).
- On 26 February 2015, the Appellant was granted a visitor visa with an expiry date of 19 June 2015, upon which his ETA immediately ceased to be in effect, by reasons of s 82(2) of the Migration Act 1958 (Cth), which provided: "A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect".
- On 18 June 2015, the Appellant departed Australia while holding the visitor visa.
- On 19 June 2015 in the morning, the Appellant re-entered Australia on the visitor visa.
- On 19 June 2015 at midnight, the Appellant's visitor visa ceased to be in effect.
Was the ETA reactivated by operation of law upon the visitor visa ceasing to be in effect?
The FCAFC answered that question as follows:
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