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Australia permission stage and time limitsremedies and discretion

Minister for Immigration and Border Protection v SZSSJ

(2016) 259 CLR 180
JurisdictionAustralia
CourtHigh Court of Australia
Year2016
StatusBinding authority

Summary

High Court considered time limits under s 477 of the Federal Court Act for judicial review of refugee decisions and the availability of constitutional writs.

Key Principle

refugee review; time limits; s 477 Federal Court Act; extension of time; constitutional writs

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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