Newman v Minister for Health and Aged Care

In the case of Newman v Minister for Health and Aged Care, the applicant, a citizen of Australia, challenged the validity of a determination made by the Health Minister under section 477(1) of the Biosecurity Act 2015 (Cth). The determination prohibited persons from entering Australian territory on an international flight if they had been in India in the preceding 14 days. The applicant contended that the Minister did not properly consider the likely effectiveness of the determination in achieving its purpose, and that the determination was no more restrictive or intrusive than was required in the circumstances. The applicant also argued that the determination operated extraterritorially and abrogated the common law right of citizens to re-enter their country of citizenship.

The court held that the applicant had not established that the Minister was not satisfied of the necessary preconditions to making the determination, and that the determination did not operate extraterritorially. The court found that a determination made under section 477(1) of the Biosecurity Act 2015 (Cth) may prevent a citizen from entering Australia, and that such a determination does not abrogate the common law right of citizens to re-enter their country of citizenship.

The court dismissed the applicant's challenge to the validity of the determination and held that prayers 1 and 2 of the originating application be dismissed. The court did not make any orders in relation to prayers 3 and 4 of the originating application, which were not the subject of the court's decision.