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Australia Leading Case grounds procedural improprietypublic authority duties

Plaintiff M61/2010E v Commonwealth (Offshore Processing)

[2010] HCA 41
JurisdictionAustralia
CourtHigh Court of Australia
Year2010
StatusBinding authority

Summary

Officers conducting refugee status assessments for asylum seekers processed at excised offshore places must comply with procedural fairness requirements.

Key Principle

Even where asylum seekers are processed on an excised offshore place, the officers making refugee status assessments must comply with procedural fairness requirements.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

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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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