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On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
The opacity of the Australian public service, and its disposition to secrecy, has left journalists in a bind. Leaks constitute the oxygen of the secret state, but publishing that material remains a dangerous affair.
Even during this period of disruption (and, indeed, even because of it) it is so important that we pay attention to the bigger picture. So much of what we do now will lay the groundwork for the kind of future that we are able to build at end of this crisis.
The long queues outside Centrelink and the crashes on the website have fuelled the fears of many people, including myself, that one wrong sentence in the application means we will be denied relief, or worse, that even if we are eligible, the money could take weeks to come in, way past the point of financial solvency.
In Australia, every politician from Canberra to the Northern Territory is insisting on isolation measures and avoiding close contact, keeping to distances of 1.5 to 2 metres. When it comes to the very practice of democracy and political representation, the social distancing imperative has been approached with confusing inconsistency.
Authorities can also be fearful, paranoid at the unruly nature of their subjects. Public health emergencies have been declared in various countries and while these are deemed necessary, they come with the exercise of broad, muscular powers.
The Australian Federal Police raid on the 5th of June last year shook the Fourth Estate and, according to managing director David Anderson, ‘was seen for exactly what it was: an attempt to intimidate journalists for doing their jobs.’ It saw an unprecedented closing of ranks between journalists across the political spectrum, pursuing a campaign that came to be known as The Right to Know. Convincing the courts about this principle would prove to be something else.
Despite claims to the contrary, the decision in Love and Thoms affirms the standing of the common law, including the unassailable power of the Australian State to make and enforce law. It upholds the centuries-long common law principle of accommodation of Indigenous laws in a colonial context.
This is cosmically far from saying that these are equivalent matters to the death camps of the Holocaust. But if we are to be serious about acknowledging the depravity of Auschwitz, we can at least take the lead from Katz on starting the conversation on why such events take place and do remain chillingly relevant.
New Zealand's judicial channels found against the Kiribati national, claiming he did not satisfy the definition of refugee within international law. He was deported. This month, the UNHRC did not find the deportation unlawful, a move that former Fleet Street editor Damian Wilson said had 'piled on the misery in the climate change mess'.
For our society to function responsively to what is now a dynamically changing context, we urgently need differently oriented governance. This will, no doubt, be unpalatable for some — both in government and in the general public. But without re-setting how we are governed, our land and our society will suffer further destruction.
With the killing of Soleimani, the US has signalled a redrawing of accepted lines in international combat and diplomacy. Most significantly, the killing will be a lightning rod for attacks this decision was meant to prevent even as it assists Iranian policy in expelling any vestige of US influence in Iraq and the broader Middle East.
121-132 out of 200 results.