Dirckze v MIMIA & Anor

The applicants, Dirckze and the Minister for Immigration and Multicultural Affairs (MIMIA) and the second respondent, sought special leave to appeal from a judgment of the Full Federal Court. The dispute concerned the interpretation of s 500(1)(c) of the Migration Act 1958 (Cth), which relates to the Minister's power to refuse to grant a visa on character grounds. The applicants argued that the Full Federal Court had erred in its construction of this provision.

The central legal issue before the High Court was whether s 500(1)(c) of the Migration Act required the Minister to be satisfied that a person had engaged in conduct that was "criminal" or "reprehensible" in a general sense, or whether it was sufficient for the Minister to be satisfied that the person had engaged in conduct that was "contrary to law". The applicants contended for the former, narrower interpretation, while the respondents argued for the latter, broader interpretation.

The High Court, comprising Hayne and Crennan JJ, held that the phrase "contrary to law" in s 500(1)(c) should be given its ordinary and natural meaning. Their Honours reasoned that the provision did not require the conduct to be criminal or reprehensible, but rather simply unlawful. They found that the Full Federal Court had correctly applied this interpretation, and that there was no error in its decision.

Special leave to appeal was therefore refused.