Heiner v Minister for Home Affairs

In the case of Heiner v Minister for Home Affairs, the appellant, Mr Heiner, challenged the decision of the Australian Human Rights Commission (the Commission) to cease its inquiry into his complaint that his human rights under Art 12(4) of the International Covenant on Civil and Political Rights had been breached. The Federal Court of Australia was tasked with determining whether the primary judge erred in failing to find that the Commission failed to consider the appellant's complaint. Mr Heiner contended that he never lawfully lost his Australian citizenship and that the Commission failed to address his claim that he had been arbitrarily denied the right to enter his own country, Australia. The court considered the relevant legal issues, including whether the Commission was required to consider the substance of Mr Heiner's claim before dismissing his complaint and whether the Commission's decision to cease its inquiry was lawful. The court found that the Commission was not bound to consider the claim if there was another basis for terminating the inquiry early. However, the court held that the Commission was at least bound to consider whether the claim had any substance before it could exercise its power to dismiss the complaint under s 20(2)(c)(ii) of the Australian Human Rights Commission Act 1986 (Cth), unless there was another basis for terminating the inquiry early. The court also found that the Commission did consider and deal with Mr Heiner's claim that he had been "arbitrarily alienated and denied entry to his own country Australia." The appeal was dismissed, and the appellant was ordered to pay the first respondent's costs.