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Australia judicial review

Nystrom v Minister for Immigration

(2006) 228 CLR 566
JurisdictionAustralia
CourtHigh Court of Australia
Year2006
StatusBinding authority

Summary

High Court held that a person who entered Australia as an infant and was absorbed into the community held an absorbed person visa, affecting character-based cancellation of long-term residents.

Key Principle

absorbed person visa; character cancellation of long-term residents; whether person who entered as infant has absorbed person visa

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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