Tag: immigration detention

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

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

Aliens, Executive Power, and the Rule of Law

BY SUE MILNE

The Rule of Law requires that all, including the legislative, executive and judicial branches of government, are subject to the law. But what is the relevant law to which all are subject? In Plaintiff S195/2016 v Minister Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

PNG’s Supreme Court and Manus Island

Blackshield

BY TONY BLACKSHIELD

On Tuesday the Supreme Court of Papua New Guinea held that the detention of asylum seekers on Manus Island was unconstitutional. The Court ordered that the governments of PNG and Australia ‘shall forthwith take all steps necessary … Read the rest

Commonwealth spending: From school chaplains to offshore detention

PStephsonBY PETA STEPHENSON

Last night, the House of Representatives passed ‘emergency’ retrospective legislation to authorise Commonwealth expenditure relating to the provision of offshore detention services on Nauru and Manus Island. The Bill is currently before the Senate. The legislation also … Read the rest

© 2021 AUSPUBLAW

Theme by Anders NorenUp ↑