Today (18 October 2017) the High Court of Australia has decided in favour of an appellant who claimed the Nauruan Refugee Status Review Tribunal had failed to accord him procedural fairness. Justice Keane, Justice Nettle and Justice Edelman handed down a unanimous decision to allow the appeal from the Supreme Court of Nauru, and their Honours have ordered that the decision of the Tribunal be quashed and the matter be remitted for reconsideration.
The High Court has dismissed two appeals from a Federal Court decision, relating to migration today (6 September 2017). The majority of the Court decided that the definition of ‘cruel or inhuman treatment’ or 'degrading treatment' within the meaning of the Migration Act 1958 (Cth) (‘the Act’) must require actual subjective intention by a person to inflict pain or humiliation. The two appeals, from SZTAL v Minister for Immigration and Border Protection & Anor (S272/2016) and SZTGM v Minister for Immigration and Border Protection & Anor (S275/2016) concerned the requirements for the issue of protection visas under section 36A of the Act.
Today (6 September 2017) in the case of Graham v Minister for Immigration and Border Protection & Anor; Te Puia v Minister for Immigration and Border Protection & Anor HCA 33, the High Court has held by majority that s 503A of the Migration Act1958 (Cth) ("the Act") is invalid...
The High Court has today (17 August 2017) unanimously rejected an argument that actions taken by the Commonwealth, its officers and the Minister for Immigration and Border Protection against unauthorised maritime arrivals were invalid or precluded under the Constitution by reason of a decision of the Supreme Court of Papua New Guinea which found that treatment of unauthorised maritime arrivals on Manus Island was unsupported by PNG law. In the special case, Plaintiff S195/2016 v Minister for Immigration and Border Protection (Cth)  HCA 35, the High Court held that the Commonwealth was not bound by any need to conform to the domestic law of any other country.
The Minister for Immigration and Border Protection has introduced the Australian Border Force Amendment (Protected Information) Bill 2017 into the House of Representatives. The Bill sets out to clarify the secrecy and disclosure provisions within the current Australian Border Force Act 2015. It ultimately seeks to reflect the policy intent behind the Act.
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