BY ELISA ARCIONI AND RAYNER THWAITES
Introduction
The Chetcuti decision of 12 August 2021 is the High Court’s latest attempt to delineate a concept of constitutional membership. Here membership is understood as ‘non-alienage’; in practical terms, immunity to deportation. The … Read the rest
It’s coming up to the 30th birthday of Australia’s policy of mandatory immigration detention for non-citizens who do not hold a visa. Throughout its lifetime, the policy has remained a controversial cornerstone of Australia’s migration law … Read the rest
The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 (Cth) (the Bill) was introduced to the Commonwealth House of Representatives on 10 December 2020. It has since been considered by the Senate Standing … Read the rest
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
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
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
The number of visa cancellations on character grounds has increased by over 1100 per cent in the wake of December 2014 amendments to the Migration Act 1958 (Cth) (the Act). While outlining all the ways a visa … Read the rest
Notoriously, Aboriginal people have been forced to live by Australian law. Surprisingly, Australian law may force Aboriginal people out of Australia.
Such is the predicament of Mr Justin Hands, an adopted member of the Aboriginal community at … Read the rest
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