Category: Migration law

AJL20 v Commonwealth: Non-refoulement, indefinite detention and the ‘totally screwed’

BY SANGEETHA PILLAI

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

Overcoming Graham: The s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions

BY ISOLDE DANIELL

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

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 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

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

The confused construction of ‘non-refoulement’ in the Ministerial Directions for visa cancellations

BY CHRIS HONNERY

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

The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection

BY JAMES BARRETT

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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