NAXN v Minister for Immigration and Multicultural and Indigenous Affairs

NAXN was a citizen of Vietnam who sought to remain in Australia, challenging the validity of the Migration Act 1958 (Cth) on the basis that it contravened section 116 of the Constitution. The Minister for Immigration and Multicultural and Indigenous Affairs sought to remove NAXN from Australia, claiming the Act was valid. The High Court of Australia was asked to determine the constitutional validity of the Act.

The central legal issue was whether the Migration Act, which allowed the Minister to detain and deport non-citizens without trial, was inconsistent with section 116 of the Constitution, which guarantees freedom of religion. NAXN argued that the Act, by potentially detaining him on religious grounds, infringed this constitutional right. The Minister contended that the Act was valid and did not contravene the Constitution.

The court found that the Act could indeed detain and deport non-citizens without trial, which was consistent with the common law principle of deportation. The court noted that the Act did not explicitly or implicitly impose penalties or restrictions on the basis of religion. Therefore, it did not contravene section 116. The court acknowledged that the Act allowed for detention without trial, but this was not inherently inconsistent with the freedom of religion guaranteed by the Constitution. The matter was adjourned to allow the parties to consider their position in relation to the interpretation of the Constitution.