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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.
As an Aboriginal woman walking the streets at night, I am significantly more concerned about being brutalised by those charged to keep our streets safe — the police — than I am about any fellow lone wanderer on the streets. The case of Tanya Day and the response to it reinforced to me that my fears were well-founded.
It is imperative that the courts examine all the evidence thoroughly with expert analysis and allow time for perpetrators of violence to show their true colours, before any potentially life-changing decisions are made. Efficiency and cost cutting shouldn’t be the goal.
The showdown between Bill Jean King and self-styled 'chauvinist pig' Bobby Riggs came at a time when King and other women tennis pros were protesting against unequal pay, and while King herself was coming to terms with her identity as a gay woman. A film about the match and its context should have plenty to say to present day socio-politics of sexuality and gender. But this one suffers from an identity crisis.
Senator Penny Wong moved a motion requesting the Governor-General to sack Dyson Heydon from the unions royal commission. This is a disgrace. It evokes memories of Governor General John Kerr sacking Prime Minister Gough Whitlam almost 40 years ago. The unions must appeal Heydon's decision to the courts, or abide by the umpire's decision.
In its determination that same sex couples have a constitutional right to marry, the US Supreme Court took it upon itself to discover a definitive answer in the silent Constitution on this contested social question. This is regrettable, because there can be no doubt that the democratic process was taking US society in only one direction, and the Court's unilateral intervention has reduced the prospects of community acceptance and community compromise regarding the freedom of religious practice of those who cannot embrace same-sex marriage for religious reasons.
Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.
There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.
Amending the Migration Act to make the old style Pacific solution less susceptible to judicial review errs on the wrong side of decency. The Coalition and the Greens should unite in the Senate to oppose it. In the protection of the human rights of asylum seekers, deterrence must come second to decency and accountability, even when we are trying to beat people smugglers.
Like most small settlements along major highways, Eneabba is now bypassed, and reached via a side road. The company responsible for what will be one of Australia's dirtiest coal-fired power stations insists that 'prevailing winds will favour non-populated areas to the east and west'.
In February all seven judges of the High Court threw out Immigration Minister Philip Ruddock’s ‘privative clause’ which was an attempt to deny asylum seekers and all other visa applicants access to the courts.
The work of Catholic social service agencies should be celebrated within the church. Its peak body, Catholic Social Services Australia (CSSA), which has been savagely cut recently, has successfully matched wits with governments for over sixty years and its member agencies continue to serve the community selflessly.
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