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Under Section 501 of the Migration Act, you can be told: 'you fail the character test, please respond, but we cannot tell you what are the accusations against you'. Dr Mohammed Haneef has experienced the worst case scenario.
The last state authorised execution in Australia—that of Ronald Ryan—occurred 40 years ago last week. 12 year old Frank Brennan felt it was wrong. His adolescent moral sensibilities found resonance in public debate, law reform and policy change.
Europe and Africa lie just 14km apart across the Straits of Gibraltar which separate Spain from Morocco, but when it comes to living standards, there is no wider gulf between neighbours anywhere in the world.
The Parliament has shown it is no longer willing to play politics with the lives of asylum seekers. But this latest victory simply maintains the status quo, and eight more people have been sent to Nauru in the past week.
Former ALP heavyweight Carmen Lawrence asserts that the developed world is safer today than it's ever been. Her argument flies in the face of the reality that there has never been greater rewards for politicians willing to peddle fear.
Eliza Bergin navigates Nicholas Hasluck’s The Legal Labyrinth
But insecurity breeds insecurity. In the face of insecurity we can feel insecure. Our identity as persons can be shaken by the insecurity of our circumstances. This is not inevitable. Nor is it necessarily lasting. Some people will be temporarily or lastingly paralysed by anxiety; others will be more resilient.
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.
I've been watching Stateless, the ABC drama about Australia’s immigration detention system, with some reluctance. Not because it is poor, but because it is so powerful.
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.
At its heart, the question was whether an Indigenous Australian who was eligible for citizenship but had never formalised it could be regarded as an alien and therefore subject to removal. In a landmark judgment, a 4:3 majority of the Court found that Indigenous Australians were not aliens, even if they were not citizens.
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'.
37-48 out of 200 results.
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