Pull v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 20

Pull v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 20

The applicant held both a transitional permanent visa and an absorbed person visa; the Tribunal was not required to take into account the effect of cancellation of the absorbed person visa when cancelling the transitional permanent visa. Section 501(2) of the Migration Act 1958 (Cth) operates independently of the restrictions in ss 200 and 201, is not unconstitutional, and there was no evidence that the Tribunal exercised the power for punitive purposes. The Tribunal did take into account expectations of the Australian community. The appeal is dismissed.

Jurisdiction
Australia
Judgment Date
23 January 2007
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['visa Cancellation' 'judicial Review' 'character Test' 'deportation' 'absorbed Person Visa' 'statutory Construction' 'separation of Powers']
['migration Law' 'constitutional Law' 'administrative Law'] ['visa Cancellation' 'judicial Review' 'character Test' 'deportation' 'absorbed Person Visa' 'statutory Construction' 'separation of Powers']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant held both an absorbed person visa and a transitional permanent visa simultaneously' 'Whether the Tribunal was required to consider the effect of cancellation of the absorbed person visa' 'Whether the power to cancel a visa under s 501(2) of the Migration Act 1958 (Cth) is limited by ss 200 and 201' 'Whether s 501(2) infringes Chapter III of the Constitution as a punitive or judicial function' 'Whether the Tribunal member took into account the expectations of the Australian community']

Ratio Decidendi

The applicant held both a transitional permanent visa and an absorbed person visa; the Tribunal was not required to take into account the effect of cancellation of the absorbed person visa when cancelling the transitional permanent visa. Section 501(2) of the Migration Act 1958 (Cth) operates independently of the restrictions in ss 200 and 201, is not unconstitutional, and there was no evidence that the Tribunal exercised the power for punitive purposes. The Tribunal did take into account expectations of the Australian community. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ["The title of the first respondent be amended by the deletion of the words 'and Indigenous'." 'The appeal be dismissed.' "The applicant pay the first respondent's costs of the appeal."]