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Australia grounds irrationalitygrounds procedural impropriety

Minister for Immigration and Border Protection v SZVFW

(2018) 264 CLR 541
JurisdictionAustralia
CourtHigh Court of Australia
Year2018
StatusBinding authority

Summary

A 4.5-year delay by the Refugee Review Tribunal in deciding a matter constituted unreasonableness, triggering the deemed affirmation mechanism under s 426A of the Migration Act.

Key Principle

unreasonable delay by Refugee Review Tribunal; 4.5 year delay; Tribunal deemed to have affirmed decision under s 426A

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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