Farmer v. Minister for Home Affairs & Anor

Catchwords

Constitutional law – Migration law – Migration Act 1958 (Cth) – Where the plaintiff is a citizen of the United States and is not a citizen or resident of Australia – Where the plaintiff is an internationally recognised political commentator – Where the plaintiff arranged to conduct a speaking tour in Australia – Where the plaintiff applied for a Temporary Activity (Class GG) visa for her proposed travel to Australia – Where the Minister for Home Affairs decided to refuse to grant the plaintiff the visa, relying on s 501(6)(d)(iv) of the Act in making the decision – Where the Minister reasonably suspects that the plaintiff does not pass the character test and that it is in the national interest to refuse to grant the plaintiff a visa – Validity of s 501(6)(d)(iv) – Whether invalid on the ground that it infringes the implied freedom of political communication – Whether the Minister adopted an incorrect construction of s 501(6)(d)(iv).