Category: Administrative Law (page 1 of 7)

Not “just another piece of material”: the value of Tribunal review

This is the fifth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY CHANTAL Read the rest

The Administrative Decisions (Judicial Review) Act 1977 and what it says about judicial review and administrative law

This is the fourth in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY THOMAS Read the rest

The Migration Amendment (Clarifying International Obligations for Removal) Act 2021: A case study in the importance of proper legislative process

BY SANGEETHA PILLAI

On 13 May 2021, the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth)(‘Clarifying International Obligations Act’) was passed by both houses of federal Parliament, with bipartisan support. Its enactment was met with … Read the rest

MZAPC: Calibrating constitutional limits on legislative power

BY EMILY HAMMOND

The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

The Kerr Report’s vision for the Administrative Review Council and the (sad) modern reality

This is the third in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY NARELLE Read the rest

Seeing the New Administrative Law in a ‘green light’

This is the second in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY LYNSEY Read the rest

50 years after the Kerr Report: Is Australian administrative law still fit for purpose?

This is the first in a special series of posts on the 50th anniversary of the Kerr Report, examining whether Australian administrative law is still fit for purpose. To see other posts in this series, click here.

BY JANINA Read the rest

Habeas Corpus, Jurisdiction, and Aboriginal-Identifying People in Immigration Detention: McHugh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 223

BY JAMES BARRETT

On 11 December 2020 the Full Court of the Federal Court delivered judgment for Mr McHugh. Mr McHugh claimed that he was being held in immigration detention unlawfully despite being Aboriginal, though he could not prove his … Read the rest

Northern Land Council v Quall – implications for the exercise of statutory functions by corporations

BY WILLIAM ISDALE AND SAMUEL WALPOLE

On 7 October the High Court delivered its judgment in Northern Land Council v Quall [2020] HCA 33 (NLC v Quall). On its face, the decision is about whether or not certain … Read the rest

How should a court respond to an immaterial error of law?

BY LISA BURTON CRAWFORD

In the recent case of ABT17 v Minister for Immigration and Border Protection, the High Court unanimously held that a decision of the Immigration Assessment Authority (‘IAA’) to refuse a protection visa to the applicant … Read the rest

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