Minister for Immigration & Multicultural & Indigenous Affairsv Watson

203 ALR 143; [2005] FCAFC 181

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Interrogate

Catchwords

1. Migration
2. › Cancellation of visa
3. › Character grounds
4. › Decision under s 501(2)
5. › Whether Minister has power to revoke own decision to cancel visa
6. › Whether s 33(1) Acts Interpretation Act 1901 (Cth) confers power to revoke
7. › Whether contrary intention appears in Migration Act 1958 (Cth)
8. › Migration Act 1958 (Cth), ss 501, 501A, 501B, 501C, 501E, 501F
9. › Acts Interpretation Act 1901 (Cth), s 33(1)
1. Statutes
2. › Interpretation
3. › Acts Interpretation Act 1901 (Cth), s 33(1)
4. › Power exercisable from time to time as occasion requires
5. › Contrary intention
6. › Whether comprehensive statutory scheme for revocation of visa cancellation decisions disclosed contrary intention excluding general power of revocation

Quick Take

A person whose visa has been cancelled by the Minister personally under s 501(2) has no power for the Minister to revoke such a decision; the only avenue is judicial review for jurisdictional error.