R v Davey [1936] HCA 58

R v Davey [1936] HCA 58

Mrs. Freer was lawfully detained as a prohibited immigrant, having objectively failed to pass the dictation test administered in Italian by an authorized person; the officer has authority to select the language, and voluntary submission is unnecessary. The Minister's power to prevent entry is not absolute and is confined to health grounds. The court cannot review ministerial discretion regarding suitability or desirability of immigrants upon habeas corpus applications.

Parties
Applicant: Mabel Magdalene Freer; Respondent: Arthur Henry Davey; Respondent: Herbert Bede Cody; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Procedural Posture
Application for Writ of Habeas Corpus / Final Judgment Discharge of Order Nisi
Outcome
application for habeas corpus refused, order nisi discharged
Legal Topics
Dictation Test, Prohibited Immigrants, Ministerial Discretion, Habeas Corpus, Detention, Reviewability of Ministerial Decisions
Immigration Law Constitutional Law Administrative Law Dictation Test Prohibited Immigrants Ministerial Discretion Habeas Corpus Detention +1 more

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Parties

Mabel Magdalene Freer

Applicant

Arthur Henry Davey

Respondent

Herbert Bede Cody

Respondent

Commonwealth of Australia

Respondent

Procedural Posture

Application for Writ of Habeas Corpus / Final Judgment Discharge of Order Nisi

Legal Issues

  1. 1 Did Mrs. Freer's actions constitute a failure to pass the dictation test under sec. 3(a) of the Immigration Act 1901-1935?
  2. 2 Does the Minister have absolute power to prevent entry under sec. 33 of the Immigration Act 1901-1935?
  3. 3 Can the court review the Minister's decision as to the suitability or desirability of the immigrant on habeas corpus?

Ratio Decidendi

Mrs. Freer was lawfully detained as a prohibited immigrant, having objectively failed to pass the dictation test administered in Italian by an authorized person; the officer has authority to select the language, and voluntary submission is unnecessary. The Minister's power to prevent entry is not absolute and is confined to health grounds. The court cannot review ministerial discretion regarding suitability or desirability of immigrants upon habeas corpus applications.

Court Disposition

application for habeas corpus refused, order nisi discharged

Orders

  • Order nisi for writ of habeas corpus discharged