Case S102/2022

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 (Defendant)

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 (Defendant)

08/12/2022 Hearing (Single Justice, Canberra)

18/01/2023 Revised written submissions (Plaintiff)

15/02/2023 Revised written submissions (Defendant)

22/02/2023 Revised reply

14/03/2023 Hearing (Full Court, Canberra)

15/03/2023 Hearing (Full Court, Canberra)