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Australia Leading Case grounds irrationalitygrounds illegality

MZAPC v Minister for Immigration and Border Protection

(2021) 273 CLR 506
JurisdictionAustralia
CourtHigh Court of Australia
Year2021
StatusBinding authority

Summary

Implausibility findings in refugee assessments may constitute jurisdictional error where they are based on illogical or unreasonable reasoning amounting to Wednesbury unreasonableness.

Key Principle

unreasonableness; jurisdictional error; refugee assessment; implausibility findings; standard of review

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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