two fundamental rights-Stretton v MIBP (No 2) [2015] FCA 559 (5 June 2015)
Paedophilia and its perpetrators attract repugnance in our society. Notwithstanding this repugnance, it is also a feature of our society that Mr Stretton is not thereby rendered devoid of rights. Two of the rights given to Mr Stretton are:
(a) a right to the lawful exercise of the Minister’s discretion to cancel his visa, which materially means that the exercise of that discretion must not be attended with jurisdictional error; for example it must neither be unreasonable nor made in accordance with a rule or policy, without regard to the merits of his individual case; and
(b) a right, entrenched in s 75(v) of The Constitution, to challenge, on the basis of jurisdictional error, the lawfulness of the Minister’s decision in the original jurisdiction of the High Court by a writ of mandamus or prohibition or an injunction or, by virtue of s 476A(1)(c) of the Act, to seek the like relief in the original jurisdiction of this Court.
(Stretton v MIBP and Eden v MIBP [2015]).
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