Graham v Minister for Immigration and Border ProtectionTe Puia v Minister for Immigration and Border ProtectionCitation:[2017] HCA 33Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:06 Sep 2017Case Number:M97/2016, P58/2016Read more
Section 503A of the Migration Act 1958 (Cth), to the extent that it prevents courts from requiring disclosure of protected information, is inconsistent with the essential function of courts under s 75(v) of the Constitution. The Minister's decisions to cancel visas based on an erroneous understanding of s 503A...
Source-derived case information.
- Parties
- Applicant: Minister for Immigration and Border Protection; Respondent: Plaintiff M96A/2016
- Jurisdiction
- Australia
- Judgment Date
- 06 September 2017
- Procedural Posture
- Constitutional Law / Migration Law / Judgment
- Outcome
- Visa cancellation decisions invalidated due to jurisdictional error; s 503A(2)(c) held inconsistent with s 75(v) of the Constitution to the extent it prevents courts from requiring disclosure of protected information.
- Legal Topics
- Legislative Power of Commonwealth, Judicial Power, Jurisdictional Error, Visa Cancellation, Protected Information Disclosure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister for Immigration and Border Protection
Applicant
Plaintiff M96A/2016
Respondent
Procedural Posture
Constitutional Law / Migration Law / Judgment
Legal Issues
- 1 Whether s 503A of Migration Act 1958 (Cth) requires courts to exercise judicial power inconsistently with their essential function
- 2 Whether ss 501(3) and 503A(2) are inconsistent with s 75(v) of the Constitution
- 3 Whether s 503A(2)(c) denies the High Court and Federal Court the ability to enforce legislated limits of power
Ratio Decidendi
Section 503A of the Migration Act 1958 (Cth), to the extent that it prevents courts from requiring disclosure of protected information, is inconsistent with the essential function of courts under s 75(v) of the Constitution. The Minister's decisions to cancel visas based on an erroneous understanding of s 503A constituted jurisdictional error and were invalid.
Court Disposition
Visa cancellation decisions invalidated due to jurisdictional error; s 503A(2)(c) held inconsistent with s 75(v) of the Constitution to the extent it prevents courts from requiring disclosure of protected information.
Orders
- Visa cancellation decisions quashed
- Minister required to reconsider decisions according to law
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 06 September 2017 Case number M97/2016 P58/2016 Before Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ Catchwords Constitutional law (Cth) – Legislative power of Commonwealth – Constitution, s 75(v) – Where s 503A of Migration Act 1958 (Cth) prevents Minister for Immigration and Border Protection from being required to divulge or communicate certain information to courts – Whether s 503A requires courts to exercise judicial power in manner inconsistent with essential function of courts to find facts relevant to determination of rights in issue – Whether ss 501(3) and 503A(2) inconsistent with s 75(v) of Constitution – Whether s 503A(2)(c) denies High Court and Federal Court ability to enforce legislated limits of power – Whether s 503A(2)(c) curtails capacity of court to discern and declare whether legal limits of power conferred on Minister observed. Migration – Jurisdictional error – Power of Minister to cancel visa on character grounds under s 501(3) of Migration Act 1958 (Cth) – Where decisions to cancel visas took into account information purportedly protected from disclosure under s 503A – Where Minister's understanding of s 503A erroneous – Where error was as to whether Minister's decision would be shielded from review by court in so far as based on information protected from disclosure under s 503A – Whether decisions invalid as consequence of error. Words and phrases – "authorised migration officer", "character test", "fact-finding", "gazetted agency", "judicial power", "national interest", "protected from disclosure", "protected information", "public interest immunity", "purported exercise of a power", "substantial criminal record". Constitution – ss 75(v), 77(i), 77(iii). Migration Act 1958 (Cth) – ss 476A, 501, 501A, 501B, 501C, 503A, 503B. Files 33.rtf (754.59 KB) 33.pdf (439.45 KB)