Lesi v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 285

FEDERAL COURT OF AUSTRALIA

Lesi v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 285 MIGRATION – deportation order set aside by Administrative Appeals Tribunal after deportation of holder of Permanent Residence Visa – consideration of operation of s 82(4) Migration Act 1958 which provides visa ceased to be in effect upon deportation – effect of subsequent setting aside of deportation order – whether rights under visa revived – consideration of term 'ceases to have effect' in s 82(4) ADMINISTRATIVE LAW – consideration of s 43(6) of Administration Appeals Tribunal Act 1975 – deportation order under Migration Act 1958 set aside by Administrative Appeals Tribunal after holder of Permanent Residence Visa deported – whether s 43(6) operates to have retrospective effect where initial decision was valid when made and rights or interests may be affected – whether rights of visa holder revived upon setting aside of deportation order Migration Act 1958 (Cth) ss 82, 138(1), 200, 201, 253, 501E, 501F, 502 Administrative Decisions (Judicial Review) Act 1977 Administrative Appeals Tribunal Act 1975 (Cth) ss 41, 43 Customs Act 1901 (Cth) Social Security Act 1947 (Cth) Lesi v Minister for Immigration & Multicultural Affairs [2000] FCA 1882 referred to Singh v Minister for Immigration & Multicultural Affairs [2000] FCA 1426; (2000) 105 FCR 453 applied Re Macks; Ex parte Saint (2000) 204 CLR 158 cited Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11; 187 ALR 117 referred to Drake v Minister for Immigration & Ethnic Affairs (1979) 46 FLR 409 referred to Plaintiff S157 of 2002 v Commonwealth of Australia [2003] HCA 2 referred to Re Adamson v The Tax Agents' Board (1976) 12 ALR 239 cited Otter Gold Mines Ltd v Australian Securities Commission (1997) 26 AAR 99 referred to Re Easton and Repatriation Commission (1987) 6 AAR 558 referred to Ex parte Walton, In Re Levy (1881) 17 Ch D 746 referred to Consolidated School District of St Leon Village No 1425 v Roncera (1960) 23 DLR (2d) 32 referred to Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203 considered Collector of Customs v Gaylor Pty Ltd (1994) 35 NSWLR 649 considered Collector of Customs v Gaylor Pty Ltd (unreported, 13 October 1995, Matter S21/1995) cited The Commonwealth of Australia v SCI Operations Pty Limited (1998) 192 CLR 285 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 35 ALR 151 referred to Ozcagli v Secretary to Department of Social Security (1986) 68 ALR 651 considered Kioa v West (1985) 159 CLR 550 cited