Twinn v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 242

FEDERAL COURT OF AUSTRALIA

Twinn v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 242 ADMINISTRATIVE LAW – validity of Gazette notice – nature and extent of Minster's power by Gazette notice to specify an occupation as a 'skilled occupation' for the purposes of a visa criterion – where Minister specified a list of skilled occupations and a different list of skilled occupations in relation to persons whose sponsors reside in areas with particular postcodes – whether Minister's power to specify a skilled occupation extends to specifying a class of persons who are to have the specified occupation – whether Gazette notice inconsistent with Migration Regulations 1994 – whether Gazette notice invalidly attempts to exercise legislative rather than administrative power.

Acts Interpretation Act 1901 (Cth)subss 23(b), 33(3A), 46(1) Migration Act 1958 (Cth) ss 4, 31, 45, 46, 504

Migration Regulations 1994 regulations 1.03, 1.17, 2.01, 2.26B, Sch 1, Sch 2 Australian Communist Party v The Commonwealth (1951) 83 CLR 1 cited Dainford Ltd v Smith (1985) 155 CLR 342cited Godkin v Newman [1928] NZLR 593 referred to Hawke's Bay Raw Milk Producers Co-operative Co Ltd v New Zealand Milk Board [1961] NZLR 218 cited The State of South Australia v Tanner (1989) 166 CLR 161 referred to LISA MAUREEN TWINN AND PAUL CHRISTOPHER TWINN v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1161 of 2005 BRANSON, BENNETT AND GRAHAM JJ 24 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1161 of 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: LISA MAUREEN TWINN

FIRST APPELLANT

PAUL CHRISTOPHER TWINN

SECOND APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS