Lam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 36; [2002] FCA 175

Lam v Minister for Immigration & Multicultural Affairs [2002] FCAFC 36 Lam v Minister for Immigration & Multicultural Affairs [2002] FCA 175

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Lam v Minister for Immigration & Multicultural Affairs [2002] FCA 175

MIGRATION – purported decision of respondent Minister under subs 501A(2) of the Migration Act 1958 (Cth) refusing application for grant of visa – power of Minister depended on whether Administrative Appeals Tribunal had made a decision "to grant a visa to a person as a result of not exercising the power conferred by subsection 501(1) to refuse to grant a visa to a person" (par 501A(1)(c)) – Tribunal had decided favourably to appellant but had not, in terms, decided to grant a visa to him, and had remitted matter to Minister – primary Judge construed legislation in a non-literal way so that the Tribunal's decision favourable to appellant enlivened Minister's power under subs 501A(2) – after primary Judge's decision, Migration Legislation Amendment Act (No 1) 2001 (Cth) passed and commenced on 27 September 2001 – amending Act amended relevant provision (par 501A(1)(c)) retrospectively as on and from 1 June 1999 – relevant effect of amendment was to alter par 501A(1)(c) so that it read "not to exercise the power conferred by subsection 501(1) to refuse to grant a visa to the person" – effect of amendment to destroy ground of appeal relied on – nature of appeal from single Judge to Full Court