ENT19 v Minister for Home AffairsCitation:[2023] HCA 18Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:14 Jun 2023Case Number:S102/2022Read more
The Minister was authorised under cl 790.227 of the Migration Regulations 1994 (Cth) to refuse to grant a protection visa solely on the ground that it was not in the national interest to grant a visa to a person convicted of people smuggling.
- Parties
- Applicant: Plaintiff; Respondent: Minister for Immigration
- Jurisdiction
- Australia
- Judgment Date
- 14 June 2023
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Protection Visa, Ministerial Discretion, National Interest, People Smuggling, Judicial Review
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Plaintiff
Applicant
Minister for Immigration
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Minister may refuse to grant a protection visa solely on the ground that it is not in the national interest to grant a visa to a person convicted of people smuggling under cl 790.227 of the Migration Regulations 1994 (Cth)
- 2 Proper construction of cl 790.227 and its interaction with the Migration Act 1958 (Cth)
- 3 Whether the Minister's decision was authorised by cl 790.227
Ratio Decidendi
The Minister was authorised under cl 790.227 of the Migration Regulations 1994 (Cth) to refuse to grant a protection visa solely on the ground that it was not in the national interest to grant a visa to a person convicted of people smuggling.
Court Disposition
Application dismissed
Orders
- Application for judicial review dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment