High Court Cautions Against Extrinsic Materials Overshadowing Statutory Text

In a recent migration decision, Saeed v Minister for Immigration and Citizenship (2010) 267 ALR 204, the High Court reiterated that when undertaking statutory interpretation, courts should first exhaust the ordinary rules of statutory interpretation before looking to extrinsic materials. The decision reaffirms that legislative provisions that seek to exclude or codify common law natural justice
obligations must do so in "unmistakeable and unambiguous language". Finally, the decision clarifies the application of the natural justice hearing rule in relation to offshore visa applications under the Migration Act 1958 (Cth) ("Migration Act").

Background

In November 2007, the appellant, a Pakistani citizen, applied for an Australian Skilled Independent Visa. In order to satisfy the work experience requirements for the Visa, the appellant provided documentation to indicate that she had been working as a cook in a restaurant. These claims could not be verified when