Catchwords:

MIGRATION – Appeal from a decision of the former Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the Minister’s delegate to refuse the appellant a student visa – where the appellant was first granted an Electronic Travel Authority (ETA) to enter Australia on multiple occasions within a 12 month period and to remain in Australia after each entry for three months – where the appellant, before the expiry of the ETA applied for and was granted a visitor visa – whether pursuant to s 82(2) of the Migration Act 1958 (Cth) the appellant’s ETA ceased to be in effect upon the grant of the visitor visa – whether that cessation was permanent or whether the ETA could revive – Held: ETA permanently ceased to be in effect upon the grant of the visitor visa – appeal dismissed with costs.