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Australia grounds illegalitypublic authority duties

Plaintiff M47/2012 v Director-General of Security

(2012) 251 CLR 1
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

Ministerial power to detain and remove non-citizens under the Migration Act must be exercised in accordance with the Act; adverse ASIO security assessments do not compel indefinite detention.

Key Principle

The HCA held that the Minister's power to detain and remove non-citizens under the Migration Act must be exercised in accordance with the Act; ASIO assessments do not bind the Minister to continue detention indefinitely.

Area of Law

public-law

Related Cases

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The Maritime Powers Act 2013 authorised detention and return of asylum seekers at sea; executive power extends to removal of non-citizens from Australian waters.

Isbester v Knox City Council (2015) 255 CLR 135

A reasonable apprehension of bias arises where a council officer who lodged a complaint against a dog owner also participated in the decision to order destruction of the dog.

Corporation of the City of Enfield v Development Assessment Commission (Judicial Review) [2000] HCA 5

Judicial review is limited to jurisdiction, correct legal test, and procedural fairness; merits review of administrative decisions requires express statutory authority.

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