High Court of Australia

Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22

88 ALJR 690; 309 ALR 29

18 Jun 2014

Case Number: S156/2013

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ

Catchwords

Constitutional law (Cth) – Legislative power of Commonwealth – Constitution, s 51(xix) – Aliens power – Section 198AB of Migration Act 1958 (Cth) provides that Minister may designate country as regional processing country – Section 198AD(2) provides that unauthorised maritime arrival ("UMA") must, as soon as reasonably practicable, be taken from Australia to regional processing country – Section 198AD(5) provides that, if there are two or more regional processing countries, Minister must, in writing, direct an officer to take UMA, or class of UMAs, to regional processing country specified in direction – Whether ss 198AB and 198AD laws with respect to aliens – Whether ss 198AB and 198AD valid.

Administrative law – Judicial review of administrative decisions – Where Minister designated country as regional processing country under power conferred by s 198AB of Migration Act 1958 (Cth) – Where only condition for exercise of power is that Minister thinks it is in national interest to do so – Whether Minister was obliged to, but did not, take into account other relevant considerations – Whether designation valid.

Administrative law – Judicial review of administrative decisions – Where Minister made direction under s 198AD(5) of Migration Act 1958 (Cth) – Whether direction uncertain or vague – Whether direction valid.

Words and phrases – "aliens power", "national interest", "proportionality", "reasonably appropriate and adapted", "relevant considerations", "with respect to".

Constitution – s 51(xix).

Migration Act 1958 (Cth) – Pt 2, Div 8, subdiv B, ss 5(1), 5AA, 5E, 14, 36, 46A, 189, 198, 198AA, 198AB, 198AD, 198B, 474, 476, 476A, 476B, 494AA.

Judiciary Act 1903 (Cth) – s 44(1).
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