Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 276

Evans v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 276

The Full Court, being divided, affirmed the primary judge's answers: the Minister's Gazette notice did not validly specify any bodies, agencies, or organisations as 'gazetted agencies' for the purposes of s 503A(9) of the Migration Act 1958 (Cth), and the invalid parts of the notice are severable such that the WA Police Service is specified as a gazetted agency; the appeal and cross-appeal were dismissed, with costs to the respondent.

Parties
Appellant: Mohammed Ighsaan Evans; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
01 December 2003
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Final Judgment at the Full Court
Outcome
appeal and cross-appeal dismissed; primary judge's orders affirmed
Legal Topics
Visa Cancellation, Character Test, Protected Information, Specification by Class, Severability of Statutory Instruments
Migration Law Administrative Law Statutory Interpretation Visa Cancellation Character Test Protected Information Specification by Class Severability of Statutory Instruments

Case Brief

Summary, issues, holding and outcome

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Parties

Mohammed Ighsaan Evans

Appellant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Final Judgment at the Full Court

Legal Issues

  1. 1 Whether the Minister's Gazette notice validly specified bodies as 'gazetted agencies' under s 503A(9) of the Migration Act 1958 (Cth)
  2. 2 Whether the Western Australia Police Service was specified by the Gazette notice for purposes of protected information
  3. 3 Whether invalid portions of the notice can be severed so as to specify the WA Police Service

Ratio Decidendi

The Full Court, being divided, affirmed the primary judge's answers: the Minister's Gazette notice did not validly specify any bodies, agencies, or organisations as 'gazetted agencies' for the purposes of s 503A(9) of the Migration Act 1958 (Cth), and the invalid parts of the notice are severable such that the WA Police Service is specified as a gazetted agency; the appeal and cross-appeal were dismissed, with costs to the respondent.

Court Disposition

appeal and cross-appeal dismissed; primary judge's orders affirmed

Orders

  • The appeal and the cross-appeal be dismissed.
  • The order made on 30 July 2002 be affirmed.