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Question: Discuss About The Minister Immigration And Border Protection? Answer: Introducation The paper analyses and discusses the reasons for the courts decision in the case of Karan v Minister for Immigration and Border Protection [2017] FCA 872. The paper also Explain and discuss the principles of statutory interpretation used by Siopis J in this case with respect to reaching the conclusion. In the given case the person making an appeal was a citizen of Fiji and was 41 years old[1]. The appellant travel to Australia from Fiji holding a visitor visa to pay a visit to his family residing in Australia. Condition 8503 in relation to schedule 8 of the migration regulations 1994 was applicable on visitor visa held by the appellant. The visa condition did not allow the person making the appeal to make an application for any other visa other than a protection visa while he was in Australia[2]. A refusal with respect to the waiver of condition 8503 was made by the minister for immigration and border protection and his delegate. An appeal was made by the appellant in the federal cir cuit court of Australia for the purpose of judicial review of the decision provided by the delegate of the Minister. The application made by the appellant was dismissed by the primary judge on 13 December 2016 in relation to judicial review[3]. An appeal was then made by the appeal and against that order to the federal circuit Court[4]. Section 41 of the Migration Act 1958[5] provided that in prescribed circumstances a minister has the right to waive the visa condition[6]. After staying for 15 years in Australia the appellant had married an Australian citizen and therefore the appeal and due to the no further stay condition was not able to apply for a spouse Visa[7]. Upon the medical examination of the appellants wife it was provided that she would suffer increased mental health problems if a husband would depart from her. However the decision of the delegate of the Minister was that the way we are of no further stay condition cannot be made as regulation 2.05 of the migration regulations was not satisfied[8]. The situation in relation to which a visa condition may be waived states that compassionate and compelling circumstances must have been developed since the person was granted a visa which was subjected to 8053 condition. The circumstances must be out of the persons control and bring a major change to that pers on's life. If a minister has previously not waived the no further stay condition he can consider a request again if substantial with different circumstances take place. It was accepted by the delegate that the desire of the applicant to stay in Australia who was compassionate in nature however it did not considered the situation to be compelling[9]. The decision of the delegate was found by the primary judge to have considered all circumstances and as there was no jurisdictional error with respect to the decision of the delegate the judge had to reject the appeal made by the applicant[10]. The appellant again made an appeal in this court stating that the previous court erred towards its ruling regarding consideration by the delegate of the minister[11]. The judge in this case rule that although there was no obligation on the delegates to provide the reason for his decisions he chose to do so and thus permitted scrutiny of such reasons which were used by him[12]. In the case of Soliman v University of Technology, Sydney [2012] FCAFC 146 it had been ruled by the court that a failure to consider all the submission made by a person can constitute jurisdictional error[13][14]. The judge in this case found based on the expert opinion provided by the psychologist report that the wife had suffered emotional distress because of a previous marriage and had a pre existing condition of anxiety and suicidal tendency the wife may be subjected to further mental damage[15]. The case of the appellant was thus not only based on the fact that the wife would suffer because of the separation. In this case the wife has already suffered various mental trauma and the Separation could add up to search mental issues[16]. The judge for the rule that even if the reason it was provided by the delegate is in relation to the psychologist report the delegate has failed to address the issue with respect to his reasons. It is also in fact apparent that the nature of the case was not appreciated by the delegate as in relation to his opening sentence he address the issue of separation as being no more than anxiety of experiencing separation from loved ones. Therefore the judge held at i n its view the primary judge made an error with respect to the manner pleaded in relation to the grounds of appeal. In addition the judge provided that for such reasons The Appeal was to be upheld and an order with respect to the writ of mandamus and certiorari which has been claimed by the appellant nose to be granted[17]. The judge even provided that the appellant was entitled to claim the cost of appeal from the respondent[18]. Section 5 of the Interpretation Act 1999 states that while interpreting a meaning of a statue the judges have to consider the whole purpose of the legislation[19]. In addition the judges have to pay attention to the table of contents, the images, the graphics, and the notes provided through the legislation. The words of the provision has to be given meaning in accordance to the purpose of the legislation. Therefore in this particular case the judges used Section 5 of the interpretation act as the migration regulation 1994 regulation 2.05 clearly states that a minister has to waive the no further stay condition after considering properly any compelling or compassionate circumstances which have originated since the visa was issued and are not in control of the visa holder. References Interpretation Act 1999 at s5 Karan v Minister for Immigration and Border Protection [2017] FCA 872 Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Soliman v University of Technology, Sydney [2012] FCAFC 146 [1] [2017] FCA 872 at [1] [2] [2017] FCA 872 at [2] [3] [2017] FCA 872 at [3] [4] [2017] FCA 872 at [4] [5] Migration Act 1958 (Cth) at s41 [6] [2017] FCA 872 at [5] [7] [2017] FCA 872 at [6] [8] Migration Regulations 1994 Schedule 8 [9] [2017] FCA 872 at [16] [10] [2017] FCA 872 at [23] [11] [2017] FCA 872 at [24] [12] [2017] FCA 872 at [25] [13] [2017] FCA 872 at [26] [14] [2012] FCAFC 146 at [55] [15] [2017] FCA 872 at [29] [16] [2017] FCA 872 at [30] [17] [2017] FCA 872 at [32] [18] [2017] FCA 872 at [33] [19] Interpretation Act 1999 at s5