Maritime Union of Australia v Minister for Immigration and Border Protection [2016] HCA 34

Maritime Union of Australia v Minister for Immigration and Border Protection [2016] HCA 34

Paragraph 2 of Determination IMMI15/140 was held invalid because it exceeded the Minister's power under s 9A(6) by entirely negating the operation of s 9A(1), contrary to the statutory purpose, which was to extend the visa regime to cover all non-citizens participating in or supporting offshore resources activities except in specifically excepted special cases.

Parties
Plaintiffs: The Maritime Union of Australia & Anor; Defendants: Minister for Immigration and Border Protection & Anor
Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Special Case Stated / Full Court (decision on Stated Questions)
Outcome
Determination held invalid. Declaration and costs ordered.
Legal Topics
Delegated Legislation, Visa Requirements, Offshore Resources Industry, Ministerial Powers, Validity of Determinations
Administrative Law Migration Law Statutory Interpretation Delegated Legislation Visa Requirements Offshore Resources Industry Ministerial Powers Validity of Determinations

Case Brief

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Parties

The Maritime Union of Australia & Anor

Plaintiffs

Minister for Immigration and Border Protection & Anor

Defendants

Procedural Posture

Special Case Stated / Full Court (decision on Stated Questions)

Legal Issues

  1. 1 Whether paragraph 2 of Determination IMMI15/140 is invalid because it exceeds the Minister's power under s 9A(6) of the Migration Act 1958 (Cth)
  2. 2 Proper scope of the Minister's power to make exceptions under s 9A(6) of the Migration Act 1958 (Cth)

Ratio Decidendi

Paragraph 2 of Determination IMMI15/140 was held invalid because it exceeded the Minister's power under s 9A(6) by entirely negating the operation of s 9A(1), contrary to the statutory purpose, which was to extend the visa regime to cover all non-citizens participating in or supporting offshore resources activities except in specifically excepted special cases.

Court Disposition

Determination held invalid. Declaration and costs ordered.

Orders

  • It is declared that paragraph 2 of Determination IMMI15/140, registered on the Federal Register of Legislative Instruments on 14 December 2015, is invalid and of no effect.
  • The second defendant is to pay the costs of the Special Case.