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Mariappan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1183

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MIGRATION -- application for declaration that applicant holds an "absorbed person visa" within the meaning of s 34 of the Migration Act 1958 (Cth) (Migration Act) -- where sole issue was whether applicant had "ceased to be an immigrant" by 2 April 1984 within the meaning of s 34(2)(b) of the Migration Act -- where applicant was a "prohibited immigrant" within the meaning of the Migration Act in force at 2 April 1984 -- where court bound by authority in R v Forbes; Ex parte Kwok Kwan Lee (1971) 124 CLR 168, which held that a "prohibited immigrant" cannot be absorbed into the community or cease to be an immigrant -- where Minister accepted certain facts relied upon by the applicant to support contention that he had, in fact, been absorbed into the community -- application dismissed

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