Ivusic v The Queen [1973] HCA 45

Ivusic v The Queen [1973] HCA 45

The attempted appeal was incompetent because the Supreme Court's refusal of habeas corpus and declarations did not affect the applicant's status under laws relating to aliens within s. 51(1) (c). Special leave was refused because there was no sufficient doubt about the correctness of the Supreme Court's conclusions: natural justice had not been denied, no extraneous considerations were entertained, s. 13 applied to an immigrant who was also an alien, the deportation order was authorised, the May 1972 order had not been revoked, and the Minister had not made or intended an order under s. 14.

Jurisdiction
Australia
Procedural Posture
Attempted Appeal and Application for Special Leave to Appeal Concerning Refusal of Habeas Corpus and Declarations in a Deportation Matter / High Court of Australia; Appeal Dismissed as Incompetent and Special Leave Refused
Outcome
Appeal dismissed as incompetent and application for special leave refused.
Legal Topics
['deportation Order' 'aliens and Immigrants' 'natural Justice' 'judicial Power of the Commonwealth' 'competence of Appeal' 'special Leave to Appeal']
['migration Law' 'administrative Law' 'constitutional Law' 'habeas Corpus'] ['deportation Order' 'aliens and Immigrants' 'natural Justice' 'judicial Power of the Commonwealth' 'competence of Appeal' 'special Leave to Appeal']

Case Brief

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Procedural Posture

Attempted Appeal and Application for Special Leave to Appeal Concerning Refusal of Habeas Corpus and Declarations in a Deportation Matter / High Court of Australia; Appeal Dismissed as Incompetent and Special Leave Refused

Legal Issues

  1. 1 ["Whether an appeal as of right lay under s. 51(1) (c) of the Australian Capital Territory Supreme Court Act, 1933 (as amended) on the basis that the judgment affected the applicant's status under laws relating to aliens." 'Whether the deportation order and directions for its enforcement were invalid because natural justice was denied or extraneous considerations were entertained.' 'Whether the Migration Act, in giving the Minister power to order and effect deportation, conferred part of the judicial power of the Commonwealth on the Minister contrary to the Constitution.' 'Whether an alien could also be an immigrant within the meaning of s. 13 of the Migration Act.' 'Whether the present Minister revoked the May 1972 deportation order or attempted to make an order under s. 14 of the Migration Act.']

Ratio Decidendi

The attempted appeal was incompetent because the Supreme Court's refusal of habeas corpus and declarations did not affect the applicant's status under laws relating to aliens within s. 51(1) (c). Special leave was refused because there was no sufficient doubt about the correctness of the Supreme Court's conclusions: natural justice had not been denied, no extraneous considerations were entertained, s. 13 applied to an immigrant who was also an alien, the deportation order was authorised, the May 1972 order had not been revoked, and the Minister had not made or intended an order under s. 14.

Court Disposition

Appeal dismissed as incompetent and application for special leave refused.

Orders

  • ['Appeal dismissed as incompetent.' 'Application for special leave, both in respect of the summons for the declarations and in respect of the refusal of the writ of habeas corpus, refused.']