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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

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Cases

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.

Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)

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.

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