Federal Court of Australia
Federal Court of Australia
Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCAFC 119 Appeal from: Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1528
File number: VID 250 of 2024
Judgment of: KATZMANN, DOWLING AND MCDONALD JJ
Date of judgment: 11 September 2024
Catchwords: ADMINISTRATIVE LAW – migration – application for judicial review of decision of Administrative Appeals Tribunal – where delegate of Minister refused to grant partner visa – where Ministerial Direction 65 under s 499 of Migration Act 1958 (Cth) applied at time of application for review – where Tribunal applied Direction 90 in conducting review – whether applicant had accrued right in relation to review by Tribunal which engaged s 7(2)(c) of Acts Interpretation Act 1901 (Cth) – whether Tribunal fell into jurisdictional error by applying Direction 90 rather than Direction 65 – whether Court should depart from earlier Full Court authority – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) ss 7, 46 Administrative Appeals Tribunal Act 1977 (Cth) ss 25, 43 Legislation Act 2003 (Cth) s 13 Migration Act 1958 (Cth) ss 499, 500, 501, 501CA
Cases cited: Esber v Commonwealth (1992) 174 CLR 430 FYBR v Minister for Home Affairs (2019) 272 FCR 454; [2019] FCAFC 185 Jagroop v Minister for Immigration and Border Protection (2016) 241 FCR 461; [2016] FCAFC 48 Kraljevich v Lake View & Star Ltd (1945) 70 CLR 647 Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 94 Lee v Secretary, Department of Social Security (1996) 68 FCR 491 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 MAH v Minister for Immigration and Border Protection [2018] AATA 416 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516; [2023] FCAFC 116 Maxwell v Murphy (1957) 96 CLR 261 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 (2021) 287 FCR 181; [2021] FCAFC 153 Minogue v Victoria (2018) 264 CLR 252; [2018] HCA 27 MQGT Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 291 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 NEAT Domestic Trading Pty Ltd v AWB Ltd (2003) 216 CLR 277; [2003] HCA 35 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands (Consolidation) Act and Western Lands Act (1988) 14 NSWLR 685 Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582; [2022] HCA 17 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Repatriation Commission v Keeley (2000) 98 FCR 108; [2000] FCA 532 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Taniela v Minister for Immigration and Border Protection (2014) 141 ALD 452; [2014] FCA 375 Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296; [2016] FCA 348 YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
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