Category Archives: Migration Law

Plaintiff S157/2002 v Commonwealth [2003] HCA 2

ON 4 FEBRUARY 2003, the High Court of Australia delivered Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476; 195 ALR 24; 77 ALJR 454 (4 February 2003).

http://www.austlii.edu.au/au/cases/cth/HCA/2003/2.html

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Minister for Immigration v Haji Ibrahim [2000] HCA 55

ON 26 OCTOBER 2000, the High Court of Australia delivered Minister for Immigration v Haji Ibrahim [2000] HCA 55; 204 CLR 1; 175 ALR 585; 74 ALJR 1556 (26 October 2000).

http://www.austlii.edu.au/au/cases/cth/HCA/2000/55.html

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Abebe v Commonwealth [1999] HCA 14

ON 14 APRIL 1999, the High Court of Australia delivered Abebe v Commonwealth [1999] HCA 14; 197 CLR 510; 162 ALR 1; 73 ALJR 584 (14 April 1999)

http://www.austlii.edu.au/au/cases/cth/HCA/1999/14.html

In 1994, the Commonwealth Parliament enacted provisions in Part 8 of the Migration Act 1958 (Cth) limiting the ability of the Federal Court to review the legality of an administrative decision of the Refugee Review Tribunal.

In 1997, Ms Abebe, an Ethiopian woman who unsuccessfully sought refugee status in Australia, brought proceedings in the Federal Court against the Immigration Minister seeking relief on the grounds that she had been denied natural justice and that the Refugee Review Tribunal’s decision declining her application for permanent residence was unreasonable. The Federal Court dismissed the application.

Ms Abebe then made an application to the High Court, challenging Part 8 of the Act and seeking orders for prerogative relief.

The High Court dismissed Ms Abebe’s application, determining that the provisions of Part 8 were not outside of the legislative powers or the Commonwealth.

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Velauther Selvadurai v the Minister of Immigration and Ethnic Affairs and J Good (Member of the Refugee Review Tribunal) [1994] FCA 1105

Velauther Selvadurai v the Minister of Immigration and Ethnic Affairs and J Good (Member of the Refugee Review Tribunal) [1994] FCA 1105 (20 May 1994).

http://www.austlii.edu.au/au/cases/cth/FCA/1994/1105.html

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Kioa v West [1985] HCA 81

ON 18 DECEMBER 1985, the High Court of Australia delivered Kioa v West [1985] HCA 81; (1985) 159 CLR 550 (18 December 1985).

 

http://www.austlii.edu.au/au/cases/cth/HCA/1985/81.html

The High Court recognized that an administrative decision maker has duty of acting fairly or according procedural fairness under the rules of natural justice. 

A decision was made to deport Mr Kioa and his family back to Tonga on the grounds of him changing his address without notifying the department and engaging with Tongan illegal immigrants. Mr Kioa was given an opportunity to make submissions but was not informed of the adverse allegations.

The High Court held that a failure to disclose to Mr Kioa the adverse allegations and allow him the opportunity to respond was a failure to afford procedural fairness.

As a fundamental principle of natural justice, an opportunity must be given to deal with adverse information that is credible, relevant and significant to the decision to be made.

Australian Citizenship Act 1973 (Cth)

ON 17 SEPTEMBER 1973, Australian citizenship laws were amended by the enactment of the Commonwealth Australian Citizenship Act 1973.

http://www.austlii.edu.au/au/legis/cth/num_act/aca1973254/

Migrants of any origin became eligible to obtain citizenship after three years of permanent residence.

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Migration Act 1958 (Cth)

ON 1 JUNE 1959, the Commonwealth Migration Act 1958 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/

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1949 | Nationality and Citizenship Act

ON THIS DAY in 1949, the Commonwealth Nationality and Citizenship Act 1948 came into force. The Act has since been repealed by the Citizenship Act 2007.

http://www.austlii.edu.au/au/legis/cth/num_act/naca1948831948320/

Immigration Restriction Act 1901 (Cth)

ON 1 JUNE 1959, the Commonwealth Immigration Restriction Act 1901 was repealed by the Migration Act 1958.

http://www.austlii.edu.au/au/legis/cth/num_act/ira190117o1901323/

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/

The repeal was a significant legislative step in the dismantling of the White Australia Policy.

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