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Australia Leading Case grounds procedural impropriety

Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs

(2005) 225 CLR 88
JurisdictionAustralia
CourtHigh Court of Australia
Year2005
StatusBinding authority

Summary

The RRT must disclose adverse information to an applicant and provide an opportunity to respond, as procedural fairness requires disclosure of credible, relevant and significant information.

Key Principle

procedural fairness; adverse information; RRT obligation to disclose; codified natural justice under Migration Act

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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