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United States amenability and standing

Department of State v Munoz

No. 23-334 (U.S. 2024)
JurisdictionUnited States
CourtUS Supreme Court
Year2024
StatusBinding authority

Summary

A US citizen spouse has no constitutional right to judicial review of a consular officer's visa denial under the Mandel doctrine of consular nonreviewability.

Key Principle

consular nonreviewability; citizen spouse has no constitutional right to judicial review of visa denial; Mandel doctrine

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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