Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68

FEDERAL COURT OF AUSTRALIA

Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68 Appeal from: Bochenski v Minister for Immigration and Border Protection [2016] FCA 989

File number: VID 1073 of 2016

Judges: BROMBERG, BROMWICH AND CHARLESWORTH JJ

Date of judgment: 27 April 2017

Catchwords: STATUTORY INTERPRETATION – whether Parliamentary Secretary to the Minister for Immigration and Border Protection is a "person" within the meaning of s 499(2A) of the Migration Act 1958 (Cth) – whether Parliamentary Secretary to the Minister for Immigration and Border Protection is bound by a direction made by the Minister under s 499(1) of the Migration Act 1958 (Cth) – principles on fettering the discretion of a Minister of State MIGRATION – appeal from Federal Court decision dismissing an application for judicial review of a decision not to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where decision not to revoke visa cancellation was made by the Parliamentary Secretary to the Minister for Immigration and Border Protection – where appellant asserted Parliamentary Secretary erred by not considering himself bound by Direction No. 65 given by the Minister for Immigration and Border Protection and not applying the requirements of Direction No. 65 – proper construction of ss 499(1) and 499(2A) of the Migration Act 1958 (Cth)

Legislation: Constitution, ss 62, 64, 65, 78B Acts and Instruments (Framework Reform) Act 2015 (Cth) Acts Interpretation Act 1901 (Cth), ss 2, 19(1), 20 Migration Act 1958 (Cth), ss 198AHA(1), 496, 499, 501(3A), 501(6)(a), 501(7)(c), 501CA(4), 501L(7) Ministers of State Act 1952 (Cth), s 4