Qi Guang Guo v Minister for Immigration and Citizenship [2009] FCA 356

FEDERAL COURT OF AUSTRALIA

Qi Guang Guo v Minister for Immigration and Citizenship [2009] FCA 356

MIGRATION – regulations – validity – where appellant's previous visa had been cancelled on character grounds – where appellant unable to apply for relevant visa under legislative scheme – whether Tribunal erred in taking into account particular clause of regulations because clause invalid – whether clause beyond power or inconsistent with Act – whether clause constituted unreasonable exercise of power or exercise of power lacking reasonable proportionality Held: appeal dismissed – clause not beyond power or inconsistent with Act and did not constitute unreasonable exercise of power or lack reasonable proportionality. Acts Interpretation Act 1901 (Cth) s 48 Melbourne Harbour Trust Act 1928 (Vic) Migration Act 1958 (Cth) ss 5, 31, 40, 48, 501, 504 Migration Regulations 1994 (Cth) reg 2.12 Chertsey Urban District Council v Mixnam's Properties Ltd [1965] AC 735 cited Clements v Bull (1953) 88 CLR 572 discussed De Silva v Minister for Immigration and Multicultural Affairs (1998) 89 FCR 502 cited House v Forestry Tasmania (1995) 5 Tas R 169 referred to Kruse v Johnson [1898] 2 QB 91 referred to Li v Minister for Immigration and Multicultural Affairs (1999) 94 FCR 219 referred to Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 77 referred to Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 discussed Minister of State for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 discussed Mixnam's Properties Ltd v Chertsey Urban District Council [1964] 1 QB 214 discussed Paradise Projects Pty Ltd v Gold Coast City Council [1994] 1 Qd R 314 referred to Re Gold Coast City Council By-laws [1994] 1 Qd R 130 referred to Re Gold Coast City (Touting and Distribution of Printed Matter) Law 1994 (1995) 86 LGREA 288 referred to Slattery v Naylor (1888) 13 App Cas 446 discussed The Mayor, Councillors and the Citizens of the City of Brunswick v Stewart (1941) 65 CLR 88 discussed The State of South Australia v Tanner (1989) 166 CLR 161 discussed Vanstone v Clark (2005) 147 FCR 299 cited Widgee Shire Council v Bonney (1907) 4 CLR 977 discussed Williams v The Mayor, Aldermen, Councillors and Citizens of the City of Melbourne (1933) 49 CLR 142 discussed Aronson M, Dyer B and Groves M, Judicial Review of Administrative Action (4th ed, Lawbook Co, 2009) Pearce D and Argument S, Delegated Legislation in Australia (3rd ed, LexisNexis Butterworths, 2005) QI GUANG GUO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL