CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69

Federal Court of Australia

CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69 Appeal from: CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 1842

File number: WAD 5 of 2021

Judgment of: RARES, O'CALLAGHAN AND JACKSON JJ

Date of judgment: 3 May 2021

Catchwords: MIGRATION – appeal from decision of Administrative Appeals Tribunal to affirm decision by delegate of Minister not to revoke visa cancellation – where Ministerial Direction 79 must be applied by all delegates of Minister making decisions under the Migration Act 1958 (Cth) to grant, cancel or revoke a cancellation of a visa – where cl 14.4 of Direction 79 requires decision-maker to consider impact of a decision not to revoke a visa cancellation on members of Australian community, including victims – where negative phrasing of cl 14.4 appears inconsistent with cll 10.4 and 12.3, that require consideration of impact on members of the Australian community, including victims, of a decision to cancel or grant a visa – whether literal meaning of cl 14.4 could be departed from in construing Direction 79 to give effect to its intention – held, dismissing appeal, cl 14.4 should not be construed literally but in light of the instrument as a whole and analogously with other similar provisions.

Legislation: Migration Act 1958 (Cth)

Cases cited: Australian Securities and Investments Commission v DB Management Pty Limited (2000) 199 CLR 321 Cooper Brooks (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Saraswati v The Queen (1991) 172 CLR 1 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 Weedon v Davidson (1907) 4 CLR 895