In FTZK v Minister for Immigration & Border Protection [2014] HCA 26 (27 June 2014) Article
1F(b) of the Refugees Convention excluded from the grant of refugee status a person of whom there were "serious reasons for considering" had committed serious non-political crimes. In reviewing a decision to refuse a visa the Administrative Appeals Tribunal (AAT) referred to various factors that combined to satisfy it that there were serious reasons for considering the applicant had committed a crime in China.
An appeal to the Full Federal Court...
Friday, 1 August 2014
HIGH COURT decision - whether designation of overseas processing centre 'proportional
In Plaintiff v Minister for Immigration & Border Protection [2014] HCA 22 (18 June 2014) the High Court held s198AB of the Migration Act 1958 (Cth) (that authorised the Minister to designate another country as a regional processing centre for unauthorised maritime arrivals) was supported under the aliens power (Constitution s51(xix)).
The Court rejected a submission that legislation needed to satisfy a "proportionality test" to be supported by a power and be valid: French CJ, Hayne, Crennan, Kiefel, Bell and Kreane JJ jointly. The Court...
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