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As the High Court challenge to abortion clinic ‘safe access zones’ begins, there is much at stake
By Tania Penovic, Monash University; Caroline Henckels, Monash University, and Ronli Sifris, Monash University Victorian and Tasmanian laws around safe access zones at abortion clinic are being challenged in the High Court. Photo: AAP/David Moir From October 9-11, the High Court of Australia will hear a challenge to the constitutional validity of Victorian and Tasmanian legalisation…
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NAURU’S RENUNCIATION OF APPEALS TO THE HIGH COURT – LAWFULNESS AND IMPLICATIONS
By Maria O’Sullivan The Nauru Government surprised many in the international community earlier this week by announcing that it had withdrawn from a highly important judicial review agreement with Australia. This agreement allows applicants in Nauru to lodge an appeal with the High Court of Australia and therefore provides an important oversight mechanism for affected…
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The High Court reminds us that immigration detention is not simply at the government’s pleasure
By Patrick Emerton The High Court’s most recent immigration decision reminds us that Australia’s system of immigration detention should not be regarded as just another tool of government policy. It is exceptional, not only politically but also legally. The decision also reminds us both of what the law can offer in pursuit of justice, and…
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Refugee tribunal a check against the culture of no
By Adam McBeth The Australian, on March 18, 2013, reported (paywall) on Department of Immigration and Citizenship (DIAC) figures that showed a remarkable 74 per cent success rate in the Refugee Review Tribunal (RRT) since July 2012 among people who arrived by boat. That figure is inflated somewhat by omitting cases that were withdrawn before a hearing…
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M47 Case – High Court Rules that Refusal of Refugee Protection is not ASIO’s Job
By Adam Fletcher On Friday the High Court handed down its decision in the case of Plaintiff M47/2012 v Director-General of Security and Others. The full decision is dense and complex, and runs to more than 130 printed pages, but the High Court has a useful summary on its website. One of the issues in…
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Malaysian Arrangement Dead in the Water – Time to End of Offshore Processing
On Wednesday the High Court of Australia followed up its injunction (see below) with a 6-1 judgment against the Gillard Government’s arrangement with Malaysia to swap asylum seekers for processed refugees. The Court reminded the Government (and anyone else who cared to pay attention) that the Migration Act 1958 (Cth) actually implements the 1951 Convention…
Castan Centre for Human Rights Law 
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