ENT19 v. Minister for Home Affairs & Anor
Case No.
S102/2022
Case Information
Catchwords
Constitutional law – Review of administrative decisions – Application for constitutional writs – Where plaintiff pleaded guilty to people smuggling and sentenced to imprisonment – Where, during sentencing, sentencing judge considered issue of general deterrence – Where plaintiff applied for Safe Haven Enterprise Visa ("SHEV") – Where Minister refused application for SHEV pursuant to s 65 of Migration Act 1958 (Cth), not being satisfied grant of visa in "national interest", being criterion set out in cl 790.227 of Sch 2 of Migration Regulations 1994 (Cth) ("Decision") – Whether Decision made for punitive purpose or inflicts punishment – Whether acting in "national interest" permits Executive to act for punitive purpose or in way amounting to punishment.
Administrative law – Jurisdictional error – Procedural fairness – Where Minister took account of media coverage of plaintiff's conviction as part of reason why grant of SHEV not in national interest – Whether Minister failed to consider relevant consideration – Whether Minister proceeded on incorrect understanding of law.
Documents
06/07/2022 Application for constitutional writs
08/08/2022 Hearing (Single Justice, Canberra by remote connection)
05/09/2022 Hearing (Single Justice, Canberra by remote Connection)
08/09/2022 Order referring matter to the Full Court
07/10/2022 Written submissions (Plaintiff)
27/10/2022 Written submissions (Defendants)
15/11/2022 Reply
08/12/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
08/12/2022 Outline of oral argument (Plaintiff)
08/12/2022 Chronology
08/12/2022 Outline of oral argument (Defendants)
08/12/2022 Hearing (Single Justice, Canberra)
23/01/2023 Revised written submissions (Plaintiff)
23/01/2023 Revised chronology (Plaintiff)
15/02/2023 Revised written submissions (Defendants)
22/02/2023 Revised reply
14/03/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2023 Outline of oral argument (Plaintiff)
15/03/2023 Outline of oral argument (Defendants)
15/03/2023 Hearing (Full Court, Canberra) (Audio-Visual recording)
14/06/2023 Judgment (Judgment summary)