Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209 Appeal from: CCA19 v Secretary, Department of Home Affairs [2019] FCA 946

File number: VID 757 of 2019

Judges: ALLSOP CJ, ROBERTSON AND MOSHINSKY JJ

Date of judgment: 28 November 2019

Catchwords: MIGRATION – Minister's approval to bring relevant transitory person to Australia – whether the primary judge erred in construing s 198E of the Migration Act 1958 (Cth) and therefore erroneously found that two doctors were treating doctors for the respondent within the meaning of s 198E – meaning of "assessed the transitory person either remotely or in person" – where assessment on the papers STATUTORY INTERPRETATION – construction of definition of "treating doctor for a transitory person" – construction of "assessed the transitory person either remotely or in person"

Legislation: Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (Cth) Sch 6 Migration Act 1958 (Cth) ss 5(1), 198AA, 198E, 198F, 199A

Cases cited: Australian Securities and Investment Commission v Westpac Securities Administration Ltd [2019] FCAFC 187 Esso Australia Resources Pty Ltd v Commissioner of Taxation [2011] FCAFC 154; 199 FCR 226 Independent Commission Against Corruption v Cunneen [2015] HCA 14; 256 CLR 1 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22; 254 CLR 610 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc [1994] HCA 54; 181 CLR 404 P & M Quality Smallgoods Pty Ltd v Leap Seng [2013] NSWCA 167 Western Union Business Solutions (Aus) Pty Ltd v Robinson [2019] FCAFC 181 Pearce D, Statutory Interpretation in Australia (LexisNexis Butterworths, 9th edition, 2019) at [6.4]