Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Multicultural Affairs v Dhingra [2000] FCA 406 MIGRATION – Migration Act 1958 (Cth) – whether offence under s 83G of the Act as in force in January 1993 same as offence under current s 243 – relevance of difference between "stay permit" and "stay visa" – effect of renumbering – relevance of consequences for respondent of construction of section Migration Act 1958 (Cth) ss 14, 29, 30, 189, 198, 237, 243, 284 Migration Reform Act 1992 (Cth) s 40 Acts Interpretation Act 1901 (Cth) ss 8, 8A, 15AA Migration Legislation Amendment Act 1994 (Cth) Migration (1993) Regulations reg 1.6, 3A Migration Reform (Transitional Provisions) Regulations reg 4 Migration Regulations 1994 reg 1.15A Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 cited Azevedo v Secretary Department of Primary Industries and Energy (1992) 35 FCR 254 cited Mathieson v Burton (1971) 124 CLR 1 cited Beckwith v The Queen (1976) 135 CLR 569 cited Re Bolton; ex parte Beane (1987) 162 CLR 514 cited Chandler & Co v Collector of Customs (1907) 4 CLR 1719 considered CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred to MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS v SANJEEV DHINGRA N 1198 of 1999 BURCHETT, HILL and BRANSON JJ SYDNEY 5 APRIL 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1198 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
APPELLANT
AND: SANJEEV DHINGRA
RESPONDENT
JUDGES: BURCHETT, HILL and BRANSON JJ
DATE OF ORDER: 5 APRIL 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed.
2. The appellant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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