Lebanese Moslem Association & Ors v. Minister for Immigration & Ethnic Affairs [1986] FCA 290

Lebanese Moslem Association & Ors v. Minister for Immigration & Ethnic Affairs [1986] FCA 290

The respondent acted within his wide statutory discretion in deporting the applicants and refusing permanent resident status with regard to community dissension caused by the third applicant's presence; however, the respondent failed to consider certain relevant matters required by s.116 of the Constitution concerning religious freedom, namely that administrative discretion must not be exercised to suppress religious expressions or substitute government decision for that of religious adherents. Therefore, the decisions were vitiated for failure to take those relevant constitutional matters into account and must be set aside.

Parties
First Applicant: Lebanese Moslem Association; Second Applicant: Soher Gaber Hamed; Third Applicant: Sheikh Taj-El-Din Hamed; Respondent: Minister for Immigration and Ethnic Affairs
Jurisdiction
Australia
Judgment Date
25 July 1986
Procedural Posture
Judicial Review Applications (two) Under Administrative Decisions (judicial Review) Act and S.39 B Judiciary Act / Final Judgment
Outcome
Decisions to refuse permanent resident status and order deportation set aside; matter remitted to Minister for reconsideration in accordance with judgment.
Legal Topics
Natural Justice, Relevant Considerations, Unreasonableness, Deportation, Religious Freedom (s.116 Constitution), Permanent Resident Status, Failure to Take Human Rights Act Into Account, Ministerial Discretion
Administrative Law Migration Law Constitutional Law Human Rights Law Natural Justice Relevant Considerations Unreasonableness Deportation +4 more

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Parties

Lebanese Moslem Association

First Applicant

Soher Gaber Hamed

Second Applicant

Sheikh Taj-El-Din Hamed

Third Applicant

Minister for Immigration and Ethnic Affairs

Respondent

Procedural Posture

Judicial Review Applications (two) Under Administrative Decisions (judicial Review) Act and S.39 B Judiciary Act / Final Judgment

Legal Issues

  1. 1 Whether the respondent's decision to refuse permanent resident status and deport applicants breached natural justice
  2. 2 Whether the respondent took into account relevant considerations
  3. 3 Whether the decision was unreasonable (Wednesbury unreasonableness)

Ratio Decidendi

The respondent acted within his wide statutory discretion in deporting the applicants and refusing permanent resident status with regard to community dissension caused by the third applicant's presence; however, the respondent failed to consider certain relevant matters required by s.116 of the Constitution concerning religious freedom, namely that administrative discretion must not be exercised to suppress religious expressions or substitute government decision for that of religious adherents. Therefore, the decisions were vitiated for failure to take those relevant constitutional matters into account and must be set aside.

Court Disposition

Decisions to refuse permanent resident status and order deportation set aside; matter remitted to Minister for reconsideration in accordance with judgment.

Orders

  • The respondent's decisions dated 22 June 1986 refusing permanent resident status and ordering deportation of second and third applicants are set aside.
  • The matter is remitted to the respondent for reconsideration having regard to these reasons.