ENT19 v Minister for Home Affairs

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ENT19 v Minister for Home Affairs [2023] HCA 18
High Court of Australia
Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, & Jago JJ
Migration – safe haven enterprise visa – plaintiff pleaded guilty to aggravated offence of people smuggling and was sentenced to 8 years imprisonment with non-parole period of 4 years – delegate refused to grant visa – Authority reversed delegate’s decision – Minister personally refused to grant visa under s501(1) of Act – Federal Court quashed that decision by consent – Minister personally refused to grant visa under s65 of the Act – Judge Driver of Federal Circuit and Family Court dismissed application for judicial review – Full Court of Federal Court allowed appeal – Minister personally again refused to grant visa under s65 of the Act – plaintiff sought judicial review in the High Court’s original jurisdiction – Minister erred in refusing visa by reference to national interest under cl790.277 of Regulations regardless of other criteria or powers – application allowed (by majority, Kiefel CJ, Gageler, & Jagot JJ dissenting).
ENT19

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