Cohen, Ex parte Min for Imm

This matter concerned an application by Mr. Cohen for an order of prohibition directed to the Minister for Immigration, seeking to prevent the Minister from making a deportation order against him. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the Minister for Immigration had the power to make a deportation order against Mr. Cohen under the provisions of the Migration Act 1958 (Cth). Specifically, the Court was required to determine if the Minister's discretion to make such an order was unfettered or if it was subject to any legal constraints or considerations.

McHugh J considered the relevant provisions of the Migration Act and the common law principles governing the exercise of executive power. His Honour concluded that the Minister's power to make a deportation order was not absolute and that the Minister was required to consider all relevant factors and to act in good faith. The Court affirmed the principle that administrative decision-makers must exercise their powers reasonably and in accordance with the law.

The application for prohibition was dismissed.