Graham v Minister for Immigration and Border Protection [2017] HCA 33

Graham v Minister for Immigration and Border Protection [2017] HCA 33

Section 503A(2)(c) of the Migration Act 1958 (Cth) is invalid to the extent that it prevents the Minister from being required to divulge or communicate information to the High Court (exercising s 75(v)) or the Federal Court (exercising equivalent jurisdiction) during review of exercises of power under s 501, 501A, 501B or 501C where the information is relevant. Section 501(3) is not invalid. The Minister’s decisions cancelling the plaintiffs’ visas were invalid as the Minister acted on a wrong construction of s 503A(2), believing that the information could be shielded from all judicial scrutiny.

Parties
Plaintiff: Aaron Joe Thomas Graham; Applicant: Mehaka Lee Te Puia; Defendant/respondent: Minister for Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Special Case (stated Case) / Judgment of the Full Court of the High Court of Australia
Outcome
Plaintiffs/applicants successful; visas cancellation decisions quashed; Minister to pay costs.
Legal Topics
Section 75(v) of the Constitution, Judicial Review, Validity of Statutory Secrecy Provisions, Powers of the Minister for Immigration, Protected Information Under Migration Act, Privative Clauses, Jurisdictional Error
Constitutional Law Migration Law Section 75(v) of the Constitution Judicial Review Validity of Statutory Secrecy Provisions Powers of the Minister for Immigration Protected Information Under Migration Act Privative Clauses +1 more

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Parties

Aaron Joe Thomas Graham

Plaintiff

Mehaka Lee Te Puia

Applicant

Minister for Immigration and Border Protection

Defendant/respondent

Procedural Posture

Special Case (stated Case) / Judgment of the Full Court of the High Court of Australia

Legal Issues

  1. 1 Whether s 503A(2)(c) of the Migration Act 1958 (Cth) is invalid to the extent it prevents courts exercising jurisdiction under s 75(v) of the Constitution from compelling disclosure of information relevant to the review of ministerial decisions under s 501 series;
  2. 2 Whether s 501(3) of the Migration Act is invalid as inconsistent with the essential character of a court or nature of judicial power;
  3. 3 Whether decisions cancelling the visas were invalid by reason of the Minister acting on a wrong construction of s 503A(2);

Ratio Decidendi

Section 503A(2)(c) of the Migration Act 1958 (Cth) is invalid to the extent that it prevents the Minister from being required to divulge or communicate information to the High Court (exercising s 75(v)) or the Federal Court (exercising equivalent jurisdiction) during review of exercises of power under s 501, 501A, 501B or 501C where the information is relevant. Section 501(3) is not invalid. The Minister’s decisions cancelling the plaintiffs’ visas were invalid as the Minister acted on a wrong construction of s 503A(2), believing that the information could be shielded from all judicial scrutiny.

Court Disposition

Plaintiffs/applicants successful; visas cancellation decisions quashed; Minister to pay costs.

Orders

  • A writ of certiorari quashing the decision of the Minister to cancel the visa of each plaintiff/applicant.
  • A writ of prohibition preventing action on those decisions by the Minister.