CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69

CGX20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 69

Clause 14.4 of Ministerial Direction 79 should not be construed literally; the word 'not' is anomalous and should be ignored so the clause is consistent with other similar provisions in the Direction. The Tribunal and primary judge were correct to treat the literal wording as surplusage and instead consider the impact on victims as if the clause aligned with cll 10.4 and 12.3. No jurisdictional error arose from this approach.

Parties
Appellant: CGX20; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
03 May 2021
Procedural Posture
Appeal / Judgment on Appeal From Single Judge Decision Affirming AAT Decision
Outcome
Appeal dismissed
Legal Topics
Visa Cancellation, Statutory Interpretation, Direction 79, Character Test, Impact on Victims
Administrative Law Migration Law Visa Cancellation Statutory Interpretation Direction 79 Character Test Impact on Victims

Case Brief

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Parties

CGX20

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Single Judge Decision Affirming AAT Decision

Legal Issues

  1. 1 Whether cl 14.4 of Ministerial Direction 79 should be construed literally or in light of the instrument as a whole
  2. 2 Whether the Tribunal erred in its construction and application of cl 14.4 concerning the impact on victims when deciding not to revoke a visa cancellation

Ratio Decidendi

Clause 14.4 of Ministerial Direction 79 should not be construed literally; the word 'not' is anomalous and should be ignored so the clause is consistent with other similar provisions in the Direction. The Tribunal and primary judge were correct to treat the literal wording as surplusage and instead consider the impact on victims as if the clause aligned with cll 10.4 and 12.3. No jurisdictional error arose from this approach.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.