Morton v Minister for Immigration and Citizenship

[2026] HCA 38
Judgment date
Case number
S68/2026
Before
Gageler CJ, Jagot, Beech-Jones JJ
Catchwords

Immigration – Visas – Where delegate refused application for Return (Residence) (Class BB) visa – Where ministerial direction required consideration of protection of Australian community and extent of impediments applicant may face if removed – Whether delegate failed to consider information concerning access to medication, therapy and supports in Singapore – Whether delegate failed to comply with s 54 or s 55 of Migration Act 1958 (Cth) – Whether delegate failed to afford procedural fairness – Whether delegate's findings concerning risk of harm to Australian community legally unreasonable, illogical or irrational.

Words and phrases – "constitutional writ", "eye keenly attuned to error", "illogical", "irrational", "legally unreasonable", "procedural fairness", "substantial and clearly articulated argument", "totality of the evidence", "unacceptable risk of harm", "whole of the reasons". 

Migration Act 1958 (Cth), ss 54(1), 55(1), 499(2A).