Immigration – Visa - Visa applications made outside migration zone - Where applicant not afforded opportunity to comment upon information which supported inference that essential aspect of application was false or misleading - Where Minster's delegate not satisfied about necessary criterion for visa on basis of such information - Whether ss 51A(1) or 57(3) of Migration Act 1958 (Cth) ("Act") excluded requirements of natural justice hearing rule in relation to visa applications made outside migration zone - Whether provision of information to visa applicants outside migration zone was a "matter" which Pt 2 Div 3 subdiv AB of Act "deals with" - Whether requirements of natural justice a condition of statutory power to grant or refuse visa - Where statutory requirement of actual satisfaction as to facts - Whether obligation to take into account all factors which may affect determination - Whether state of non- satisfaction about criterion can be reached if Minister fails to consider whether any answer to information was put forward by applicant.
Statutory interpretation – Where amendments to Act respond to High Court decision - Relevance and permissible use of extrinsic material.
Words and phrases – "natural justice hearing rule", "satisfied", "the matters it deals with".
Migration Act 1958 (Cth) – ss 51A(1), 56, 57, 65(1).
Judgment date
Case number
S305/2009
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords