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Australia Leading Case grounds illegalityseparation of powers

CPCF v Minister for Immigration and Border Protection

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

Summary

The Maritime Powers Act 2013 authorised detention and return of asylum seekers at sea; executive power extends to removal of non-citizens from Australian waters.

Key Principle

The HCA held (4:3) that the Maritime Powers Act 2013 authorised the detention and return of asylum seekers at sea; the executive power extends to the removal of non-citizens from Australian waters.

Area of Law

public-law

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