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"Use the Migration Specialists that migration agents use" |
Cases
Dranichnikov v Minister for Immigration and Multicultural Affairs
Re Minister for Immigration and Multicultural Affairs; Ex parte Dranichnikov
Immigration - Refugees - Protection visa - Fear of persecution for reason of membership of particular social group - Whether Refugee Review Tribunal considered applicant was member of broader class of social group than that claimed - Whether Tribunal misunderstood and failed to address applicant's case - Whether constructive failure by Tribunal to exercise jurisdiction - Whether failure to accord natural justice.
Practice and procedure - High Court - Concurrent applications for special leave to appeal and for constitutional writs - Discretionary considerations in the grant of constitutional relief - Whether availability of appeal a discretionary bar to constitutional relief - Relevance of repeal of applicable legislation to the form of relief provided.
Chen Shi Hai v The Minister for Immigration and Multicultural Affairs
Immigration law - Refugees - Appeal from decision of Refugee Review Tribunal - Application on behalf of minor by his next friend for grant of protection visa - Application refused - Appellant "black child" under the one child policy of the People's Republic of China - Unchallenged finding by Refugee Review Tribunal that appellant would suffer serious disadvantage amounting to persecution - Whether "black children" constituted a "particular social group" for the purposes of the Convention relating to the Status of Refugees - Whether appellant faced persecution "for reasons of" membership of such a group or by reason of parents' conduct in contravening the one child policy - Whether persecution can arise in the absence of "enmity" or "malignity".
Minister for Immigration and Multicultural Affairs v Thiyagarajah
Administrative law - Judicial review of administrative decision - Error of law - Rejection of application for protection visa - Error must affect decision to affirm the refusal of grant of a protection visa - Refugee Review Tribunal made no error of law - Absence of power in RRT to reconsider its own decision by reason of later changed circumstances - Appeal against decision to affirm RRT's decision to refuse protection visa - Power of Federal Court to review decisions limited by Migration Act 1958 (Cth), s 476 - Power of applicant to seek second application for protection visa limited by ss 48A and 48B - Whether Federal Court has power under s 481 to refer matter to RRT for further consideration to take account of changed circumstances.
Re The Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham
Immigration law and Administrative law - Refugee - Refugee Review Tribunal decision refusing to grant protection visa - Application in original jurisdiction of High Court for prerogative relief - Whether Tribunal failed to take into account relevant considerations and evidence - Whether Tribunal failed to consider all available inferences from evidence - Whether s 430(1) of the Migration Act 1958 (Cth) required the Tribunal to refer to evidence contrary to its findings - Whether a breach of s 430(1) amounts to a jurisdictional error grounding prerogative relief.
Constitutional law - Federal jurisdiction - Role of the High Court under the Constitution - Extent of High Court's jurisdiction to grant certiorari pursuant to s 75(v) of the Constitution.
Words and phrases - "well-founded fear of persecution" - "reasons for the decision".
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs
Immigration - Appellant charged with offence of escape by unlawful non-citizen from immigration detention contrary to s 197A of the Migration Act 1958 (Cth) - Appellant sought issue of witness summonses pursuant to Magistrates Court Act 1991 (SA) seeking production of documentary material relating to conditions and complaints about conditions at detention centre - Whether material sought by witness summonses could have assisted appellant in his defence - Whether, by reason of conditions at detention centre, it could be said that appellant did not escape from "immigration detention" within the meaning of the offence.
Immigration - Constitutional law (Cth) - Whether detention under harsh or inhumane conditions is authorised by the Migration Act 1958 (Cth) - Whether Migration Act 1958 (Cth) only authorises detention under conditions that are reasonably capable of being seen as necessary for migration control purposes - Whether detention in harsher conditions would be punitive and therefore could not validly be authorised except as a consequence of the exercise of the judicial power under Ch III of the Constitution - Distinction between lawful authority to detain and means by which detention is achieved and enforced - Relevance of potential availability of other civil, criminal or administrative remedies to the construction of the statutory offence - Relevance of Constitutional principles and international law to construction of statutory offence.
Constitutional law (Cth) - Construction of the Constitution - Whether international law applicable to interpretation of the Constitution.
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