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Australia executive powermaritime powersprocedural fairness

CPCF v Minister for Immigration and Border Protection

(2015) 255 CLR 514
JurisdictionAustralia
CourtHigh Court of Australia
Year2015
StatusBinding authority

Key Principle

The Maritime Powers Act 2013 (Cth) authorised an officer to detain persons taken from an intercepted vessel and to take them to a place outside Australia, and the exercise of that statutory power to detain and remove asylum seekers at sea did not, in the circumstances, require the affording of procedural fairness to the detainee before the destination was chosen.

Area of Law

public-law

Related Cases

Isbester v Knox City Council (2015) 255 CLR 135
Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1
Corporation of the City of Enfield v Development Assessment Commission (Judicial Review) [2000] HCA 5

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