Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Immigration – Visas – Ministerial directions under s 499(1) of Migration Act 1958 (Cth) – Where delegate of Minister refused to grant appellant partner visa on character grounds – Where ministerial direction in force at time of refusal was Direction 65 – Where Direction 65 subsequently revoked – Where appellant applied to then Administrative Appeals Tribunal ("Tribunal") for review of delegate's decision – Where Direction 90 in force at time of Tribunal's decision – Where Tribunal applied Direction 90 and not Direction 65 – Whether Tribunal was required to comply with direction in force at time of its decision – Whether appellant had accrued right to have Tribunal determine his review in accordance with direction in force at time of delegate's decision. 

Words and phrases – "accrued right", "affected Act", "character grounds", "family violence", "laws governing the exercise of powers and discretions", "legislative instrument", "merits review", "ministerial direction", "repeal or amendment", "time of the decision under review", "time of the exercise of the relevant function or power".   

Acts Interpretation Act 1901 (Cth), ss 7(2), 46(1)(a).

Administrative Appeals Tribunal Act 1975 (Cth), ss 25, 43(1).

Legislation Act 2003 (Cth), s 13(1)(a). 

Migration Act 1958 (Cth), ss 496, 499, 500(1), 501(1).