Tag: High Court

  • As the High Court challenge to abortion clinic ‘safe access zones’ begins, there is much at stake

    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 […]



    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The Nauru Government surprised many in the international community earlier this week by announcing that it had withdrawn from a highly important judicial review agreement with Australia.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 […]

  • 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 […]

  • 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 That figure is inflated somewhat by omitting cases that were withdrawn before a hearing […]

  • 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 […]

  • 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 […]

  • Injunction against the Government’s Malaysian ‘Arrangement’

    By Adam Fletcher Yesterday (8 August 2011), a single judge of the High Court (Justice Hayne) granted interlocutory relief (an injunction) in the case of Shah & Ors v Minister for Immigration and Citizenship & Anor.  This interim measure prevents the Commonwealth Government from removing the first group of 16 asylum seekers from Christmas Island […]

  • The High Court and the Freedom of Political Communication

    By Melissa Castan What do Australian charities’ tax exemptions, #Twitdef and Wikileaks all have in common? Give me a moment. Last week the High Court held that Aid/Watch is a charitable organisation for the purposes of tax assessment. This would be unremarkable, but Aid/Watch is an organisation that campaigns for effective foreign aid policies through […]

  • Remembering the Rule of Law

    by Melissa Castan Remembrance Day is commemorated on 11 November; on that day, we recall those who fell in the Great War fighting for their country. Some also recall it as ‘Dismissal Day,’ marking one of the most turbulent political events in Australian history. In Australia this year we also celebrated a ‘Rule of Law’ […]

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