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Australia Leading Case separation of powersgrounds illegality

Plaintiff M68/2015 v Minister for Immigration and Border Protection

(2016) 257 CLR 42
JurisdictionAustralia
CourtHigh Court of Australia
Year2016
StatusBinding authority

Summary

Commonwealth executive power extends to funding offshore asylum-seeker processing on Nauru; the arrangement did not constitute detention by the Commonwealth.

Key Principle

The HCA held (4:3) that the Commonwealth's executive power extends to funding offshore processing of asylum seekers on Nauru; the arrangement did not involve detention by the Commonwealth.

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

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