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Australia grounds procedural improprietygrounds irrationality

NAIS v Minister for Immigration and Multicultural and Indigenous Affairs

(2005) 228 CLR 470
JurisdictionAustralia
CourtHigh Court of Australia
Year2005
StatusBinding authority

Summary

A four-year delay by the Refugee Review Tribunal in delivering its decision gave rise to a reasonable apprehension of bias and a denial of procedural fairness.

Key Principle

RRT delay of four years; apprehension of bias from delay; procedural fairness

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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