For complementary protection under s 36(2)(aa) Migration Act, 'cruel or inhuman treatment' requires intentional infliction of harm with a specific purpose; mere foreseeability is insufficient.
immigration
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.
HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.
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.
Get a detailed analysis of SZTAL v Minister for Immigration and Border Protection and how it applies to your situation.
Explain SZTAL v Minister for Immigrati...