The Nizkor Project: Remembering the Holocaust (Shoah)

Federal Court of Australia
Rules in Irving Appeal

GENERAL DIVISION                     )

On appeal from a single judge of the Federal Court of Australia

                             BETWEEN: DAVID JOHN CAWDELL IRVING

                             AND:     MINISTER OF STATE  FOR
                                      IMMIGRATION,  LOCAL
                                      GOVERNMENT AND ETHNIC 

Coram: Davies, Lee & R.D. Nicholson JJ 
Date: 30 July 1996
Place: Perth

The Judgments


MIGRATION - application for Business Visitor (Short Stay) visa under Migration Act 1958 (Cth) - Migration Regulations - whether applicant of "good character" - Ministerial discretion to waive requirement - whether shown by subsequent conduct that applicant had "reformed" - English historian convicted of "defaming the memory of the dead" in Germany - expulsion order - deported from another foreign jurisdiction for breach of migration regulations - contempt of court in England - freedom of speech in Australia.

JUDICIAL REVIEW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - function of the Court in reviewing administrative descisions - whether error of law.

WORDS & PHRASES - meaning of "good character" - primarily an issue of fact - term not precise in denotation - whether refers to mental and moral qualities of an individual - whether means "reputation or repute" - interests of public - meaning of "national security" - whether includes internal security and matters affecting the country in general.

Migration Act 1958 (Cth)

Australian Capital Territory Television Pty Ltd v The Commonwealth (1992) 177 CLR 106
Clearihan v Registrar of Motor Vehicle Dealers in the Australian Capital Territory (1994) 117 FLR 455
In Re Davis (1947) 75 CLR 409
Plato Films Ltd v Speidel (1961) AC 1090
R v Secretary of State for the Home Department ex parte Moon (1 November 1995, QB Div, Sedley J; J Civ Lib, Vol 1 (1996), 96-97)
Secretary, Department of Social Security v Leahy (1989) 93 ALR 373
Singh v Minister for Immigration and Ethnic Affairs (unreported, Branson J, 29 April 1996)

David John Cawdell Irving v Minister of State for Immigration, Local Government & Ethnic Affairs
No. WAG 107 of 1995

Davies, Lee & R.D. Nicholson JJ
30 July 1996


Counsel for the Appellant: 	Mr. P.S. Bates
Solicitors for the Appellant: 	Messrs E.J. Wall & Associates

Counsel for the Respondent: 	Mr. S. Owen-Conway and Mr. P.  Macliver
Solicitors for the Respondent: 	Australian Government Solicitor

Date of Hearing:		21 March 1996
Date of Judgment:		30 July 1996

[ Index ]

Home ·  Site Map ·  What's New? ·  Search Nizkor

© The Nizkor Project, 1991-2012

This site is intended for educational purposes to teach about the Holocaust and to combat hatred. Any statements or excerpts found on this site are for educational purposes only.

As part of these educational purposes, Nizkor may include on this website materials, such as excerpts from the writings of racists and antisemites. Far from approving these writings, Nizkor condemns them and provides them so that its readers can learn the nature and extent of hate and antisemitic discourse. Nizkor urges the readers of these pages to condemn racist and hate speech in all of its forms and manifestations.