Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom

Immigration – Cancellation of Visas - s 501(2) of the Migration Act 1958 (Cth) ("the Act") - Where Minister purported to cancel a "transitional (permanent) visa" on the basis of the respondent failing the character test in s 501(6) of the Act - Where respondent had a substantial criminal record - Where respondent had lived in Australia since he was 27 days old - Where respondent held an "absorbed person visa" - Whether the respondent also held a "transitional (permanent) visa" - Whether as a matter of construction the Act allowed the respondent to hold both an "absorbed person visa" and a "transitional (permanent) visa".

Administrative law – Decision of Minister under s 501(2) or s 503 of the Act - Jurisdictional error - Whether there was a misdescription of a visa which invalidated the Minister's decision - Whether a failure to take into account relevant considerations invalidated a decision - Whether the Minister's cancellation of a "transitional (permanent) visa" and disregard of the "absorbed person visa" amounted to jurisdictional error - Where s 501F(3) would operate to cancel both visas.

Statutes – Statutory Construction - expressum facit cessare tacitum - Where s 201 of the Act excludes certain persons from the scope of the Minister's power to deport pursuant to s 200 of the Act - Where the respondent was a person covered by s 201 and also not an object of the power to deport pursuant to s 200 - Whether s 201 of the Act confers a protection against deportation - Whether the subject matter of ss 200, 201 and 501 of the Act is the same, dealing with the removal of persons who have been convicted of offences from Australia - Whether the Minister's lack of power to deport the respondent under s 200 limits the Minister's power to cancel a visa under s 501 - Whether s 501 repugnant to ss 200 and 201 so as to necessitate s 501 being read subject to ss 200 and 201.

Words and Phrases – "implied repeal", "expressum facit cessare tacitum", "accrued statutory right".

Migration Act 1958 (Cth) – ss 198, 200, 201, 501(2), 501(6), 501F.

Migration Amendment Act 1983 (Cth).

Migration Legislation Amendment Act 1989 (Cth).

Migration Reform Act 1992 (Cth).

Migration Legislation Amendment Act 1994 (Cth).

Migration Reform (Transitional Provisions) Regulations (Cth).