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Australia grounds irrationalitygrounds procedural impropriety

Kaur v Minister for Immigration and Border Protection

(2019) 267 CLR 467
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Summary

High Court considered unreasonableness and natural justice requirements in migration character cancellation decisions.

Key Principle

character cancellation; unreasonableness; natural justice; reasons; migration decision-making

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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