The executive power of the Commonwealth under s 61 of the Constitution extends, absent statutory extinguishment, to preventing non-citizens from entering Australia and doing what is necessary to effect such exclusion. The Migration Act 1958 (Cth) does not abrogate this power. A statute will not be held to abrogate executive power absent express words or necessary implication, and the more significant the power to national sovereignty, the less likely Parliament intended to extinguish it. Habeas corpus does not lie where the Commonwealth merely bars entry to a place where the applicant has no right to go.
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