Pearson v. Commonwealth of Australia & Ors

Catchwords

Constitutional law – Judicial power of Commonwealth – Usurpation or interference with Commonwealth judicial power – Where plaintiff New Zealand national – Where plaintiff convicted of offences including supply of prohibited drug and sentenced to aggregate term of imprisonment of four years and three months – Where plaintiff's Australian visa cancelled on basis she failed character test in s 501 of Migration Act 1958 (Cth) and upheld on appeal – Where plaintiff commenced fresh proceeding in original jurisdiction of Federal Court seeking judicial review – Where Full Court held aggregate sentence not "a term of imprisonment" within meaning of s 501(7)(c) and plaintiff released from immigration detention – Where plaintiff re-detained following commencement of Migration Amendment (Aggregate Sentences) Act 2023 (Cth) ("Amending Act") – Whether Amending Act invalid usurpation of, or interference with, judicial power of Commonwealth – Whether Amending Act does not operate to validate decision of third defendant because decision not "a thing" done under Migration Act, but "a thing" done under s 43 of Administrative Appeals Tribunal Act 1975 (Cth).

Constitutional law – Powers of Commonwealth Parliament – Acquisition of property on just terms – Whether Amending Act invalid acquisition by Commonwealth of plaintiff's right to sue Commonwealth for false imprisonment other than on just terms, contrary to s 51(xxxi) of Constitution.