Tag: migration

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

Fairness and Efficiency in the Migration ‘Fast Track’ Process

BY MARIA O’SULLIVAN

Case law dealing with migration has been highly influential in the development of administrative law in Australia, particularly in relation to procedural fairness. The High Court has developed a robust set of procedural fairness principles in the … Read the rest

SZTAL: International Law and Australian Parochialism

BY DOUGLAS MCDONALD-NORMAN

 

Australia has non-refoulement obligations under article 3 of the Convention against Torture (“CAT”) and article 7 of the International Covenant on Civil and Political Rights (“ICCPR”) – that is, obligations not to return asylum seekers … 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

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