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Australia Leading Case grounds illegality

Plaintiff M70/2011 v Minister for Immigration and Citizenship

(2011) 244 CLR 144
JurisdictionAustralia
CourtHigh Court of Australia
Year2011
StatusBinding authority

Summary

High Court struck down the 'Malaysia Solution' offshore processing arrangement as unlawful because Malaysia lacked equivalent refugee protection obligations to those required under domestic law.

Key Principle

Malaysia Solution; offshore processing requires processing protections equivalent to domestic law

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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