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Australia judicial review

Minister for Home Affairs v DUA16

(2020) 271 CLR 550
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Summary

High Court of Australia considered whether family membership constitutes a 'particular social group' for refugee status determination purposes.

Key Principle

refugee status; particular social group; family-based persecution; whether family constitutes particular social group

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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