In Plaintiff v Minister for Immigration & Border Protection [2014] HCA 22 (18 June 2014) the High Court held s198AB of the Migration Act 1958 (Cth) (that authorised the Minister to designate another country as a regional processing centre for unauthorised maritime arrivals) was supported under the aliens power (Constitution s51(xix)).
The Court rejected a submission that legislation needed to satisfy a "proportionality test" to be supported by a power and be valid: French CJ, Hayne, Crennan, Kiefel, Bell and Kreane JJ jointly. The Court observed it was not necessary to consider any other head of power.
The Court rejected a submission that legislation needed to satisfy a "proportionality test" to be supported by a power and be valid: French CJ, Hayne, Crennan, Kiefel, Bell and Kreane JJ jointly. The Court observed it was not necessary to consider any other head of power.
