If the Minister issues a written direction to a person or body having functions or powers under the Migration Act 1958 (Cth), are those directions binding on them? Are there circumstances where those persons or bodies are not required to comply with certain aspects of a Ministerial direction?
Section 499 of the Migration Act 1958 (Cth) includes the following provisions:
(a) the performance of those functions; or
(b) the exercise of those powers.
(1A) For example, a direction under subsection (1) could require a person or body to exercise the power under section 501 instead of the power under section 200 (as it applies because of section 201) in circumstances where both powers apply.
The Minister has issued several directions under s 499, the most well-known of which is Direction No 79, which relates to "visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA".
Does it necessarily follow that decision-makers are bound to follow all aspects of any direction issued by the Minister?
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