The Applicant's contention is this regard is untenable.

24. Condition 8503 is a valid condition applying to the subject subclass 679 visa under which the Applicant entered Australia. It had not been waived prior to the Applicant lodging his application for the spouse visa, which is a substantive visa. It follows, therefore, that his application for the spouse visa is prohibited and invalid. The decision of the Respondent's delegate to refuse to consider the application was correct and was not made in error. Accordingly, the application for review, as amended by leave of the Court, should be dismissed.

I certify that the preceding twenty-four (24) paragraphs are a true copy of the reasons for judgment of O'Dwyer FM