Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Darnia-Wilson [2022] FCAFC 28 File number(s): NSD 1010 of 2021
Judgment of: RARES, BROMWICH AND GOODMAN JJ
Date of judgment: 17 February 2022
Catchwords: MIGRATION – whether s 501(7)(c) of Migration Act 1958 (Cth) applies to a sentence to a term of imprisonment imposed by a foreign court – where Administrative Appeals Tribunal failed to follow obiter dicta by Full Court and by a single judge of the Court as to meaning of s 501(7)(c) – where natural and ordinary meaning of provision would include foreign courts – where no sufficient reason to apply an artificial construction ADMINISTRATIVE LAW – declaratory relief – whether jurisdictional error sufficiently material to warrant grant of constitutional writ relief – where onus on applicant for relief to demonstrate Tribunal could have reached a different conclusion if correct test applied – whether court should make declaration as to construction of Act when constitutional writ relief not granted
Legislation: Acts Interpretation Act 1901 (Cth) ss 2B, 21 Migration Act 1958 (Cth) ss 4, 5, 5M, 499 and 501 Federal Court of Australia Act 1976 (Cth) s 20 Interpretation Act 1987 (NSW) s 12
Cases cited: Australian Securities and Investments Commission v DB Management Pty Limited (2000) 199 CLR 321 Brown v Minister for Immigration, Citizenship (2010) 183 FCR 113 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 DRJ v Commissioner of Victims Rights (No. 2) [2020] NSWCA 242; 103 NSWLR 692 Graham v Minister for Immigration and Border Protection (2017) 263 CLR 1 Marbury v Madison 5 US 87 (1 Cranch 137 at 177) (1803) Markaj v Minister for Immigration and Border Protection [2020] FCA 1511 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate