Re Patterson; Ex parte Taylor

Constitutional Law (Cth) – Naturalisation and aliens - Meaning of "aliens" in s 51(xix) - Law empowering cancellation of visa of "non-citizen" - Whether such a law, applied to a British subject who has lived in Australia for over 33 years, is a law with respect to naturalisation and aliens.

Constitutional Law (Cth) – External affairs power - Whether s 51 (xxix) supports application of s 501(3) of Migration Act 1958 (Cth) to the prosecutor, a British subject who has lived in Australia for over 33 years.

Constitutional Law (Cth) – Meaning of "Minister" in s 64 of the Constitution - Whether Parliamentary Secretary constituted the "Minister" for the purpose of s 64 - Whether Parliamentary Secretary constituted "the Minister personally" for the purpose of s 501(4) of the Migration Act 1958 (Cth).

Immigration – Jurisdictional error - Power of Minister to cancel a visa on character grounds under s 501(3) of Migration Act 1958 (Cth) - Prosecutor had been sentenced to a term of imprisonment of 12 months or more and accordingly had a "substantial criminal record" - Substantial criminal record grounds for failure of character test - Prosecutor could not possibly pass the character test - Respondent invited prosecutor to make representations to her to have the decision revoked under s 501C(4) of Migration Act 1958 (Cth) - Only ground for revocation was that prosecutor passed the character test - Whether invitation to make representations evinced misunderstanding of nature of decision - Whether misunderstanding amounted to a constructive failure of jurisdiction.

Immigration – Jurisdictional error - Power of Minister to cancel a visa on character grounds under s 501(3) of Migration Act 1958 (Cth) - requirement that decision be in national interest - Meaning of "national interest" - Whether Minister in this case satisfied that decision in national interest.

Words and phrases – "aliens" - "non-citizen" - "the Minister" - "subject of the Queen" - "national interest".

Constitution – ss 24, 51(xix), 51(xxix), 64, 117.

Migration Act 1958 (Cth) – s 501.