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Australia judicial review

Plaintiff M174/2016 v Minister for Immigration and Border Protection

(2018) 264 CLR 217
JurisdictionAustralia
CourtHigh Court of Australia
Year2018
StatusBinding authority

Summary

A person brought to Australia from Nauru for medical treatment remained a 'transitory person' under the Migration Act, subject to regional processing obligations.

Key Principle

regional processing; Nauru; whether person brought to Australia for medical treatment remained a transitory person

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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