Wong v Commonwealth of Australia

The High Court of Australia considered the case of *Wong v Commonwealth of Australia*. The dispute concerned the validity of certain provisions of the *Migration Act 1958* (Cth) that conferred power on the Minister for Immigration and Multicultural Affairs to refuse to grant a visa, or to cancel a visa, on the grounds of character. The applicant, Mr. Wong, had his visa cancelled by the Minister under these provisions.

The central legal issues before the High Court were whether the impugned provisions of the *Migration Act 1958* (Cth) were invalid by reason of their inconsistency with Chapter III of the Constitution, which vests the judicial power of the Commonwealth in the courts. Specifically, the Court had to determine whether the power to refuse or cancel a visa on character grounds, as exercised by the Minister, involved the exercise of judicial power, or whether it was a valid exercise of executive power.

The High Court, by majority, held that the provisions of the *Migration Act 1958* (Cth) were constitutionally valid. The majority reasoned that the power to refuse or cancel a visa on character grounds was an administrative or executive power, not a judicial power. They distinguished this power from the exercise of judicial power, which involves the determination of existing rights and obligations according to law. The Court emphasised that the Minister's decision was based on a discretionary assessment of character, which did not involve the ascertainment of past facts or the application of pre-existing legal rights in a manner characteristic of judicial proceedings. The Court also considered the scope of the non-compendious definition of judicial power and found that the Minister's powers did not trespass upon the exclusive domain of the judiciary.

The High Court dismissed the application for a writ of prohibition.