Before
Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ
Catchwords
Constitutional law (Cth) – Implied freedom of communication about government or political matters – Where s 501(6)(d)(iv) of the Migration Act 1958 (Cth) provides that person does not pass character test if risk they would, if allowed to enter Australia, "incite discord in the Australian community or in a segment of that community" – Where Minister for Home Affairs ("Minister") refused visa to controversial political commentator on basis of s 501(6)(d)(iv) – Whether there need be risk of harm to Australian community or segment of that community in order to satisfy s 501(6)(d)(iv) – Whether s 501(6)(d)(iv) invalid for infringing implied freedom of communication about government or political matters – Whether Minister misconstrued s 501(6)(d)(iv) in decision to refuse visa.
Words and phrases – "aliens power", "character test", "controversial views", "danger", "definitional", "discord", "dissension or strife", "effectively burdens", "extremist views", "free flow of political communication", "harm", "implicature", "implied freedom of political communication", "in the Australian community or a segment of that community", "incite discord", "national interest", "no liberty to enter", "non-citizens", "personal right", "political communication", "practical burden", "right-wing extremism", "visa".
Constitution, ss 7, 24, 51(xix), (xxvii).
Migration Act 1958 (Cth), ss 65, 501(3), 501(6)(d)(iv), 501(6)(d)(v).
