Substantial compliance despite lack of explanation of Acts Interpretation Act?
Federal Court. Can it be said that the non-revocation notice "substantially complies with the requirement in s 501G(f)(ii) of the Migration Act despite the omission in this case of an explanation of the effect of s 36(2) of the Acts Interpretation Act"?
Good faith a defence to tort arising from unlawful detention?
High Court. If an officer detained an unlawful non-citizen "in the purported performance of a statutory duty to detain in conformity with the law as declared in a prior decision of this Court which has been held in a subsequent decision of this Court to have been erroneous", is that prior decision a defence to liability for the tort of false imprisonment?
Section 501(3A) cancellation invalid ab initio if imprisonment term is later reduced?
Federal Court. Will a cancellation decision under s 501(3A) be invalid if it is based on the existence of a “term of imprisonment of...
Distinction between a claim and evidence in support of it?
Federal Court. Is there a "lack of utility in seeking to erect some rigid distinction between so-called “claims” and so-called “evidence in support of claims”"? Can it be said that "the making of a written statement under s 368(1) is not “posterior” to making a decision" and that, rather, "the effect of s 368(6) is that a decision by the Tribunal is made “by” the making of a written statement"?
Thornton and Lesianawai applicable in Victoria?
Federal Court. In circumstances where the non-citizen was convicted in Victoria, did the Tribunal err by applying Thornton and Lesianawai without giving any consideration to the question of whether there was any Victorian law that attracted the operation of s 85ZR(2) of the Crimes Act 1914 (Cth)?
Appeal: is Australia’s agreement with Nauru valid?
High Court. Is the power in s 198AHB of the Migration Act 1958 (Cth) conditioned on a requirement to afford the affected person procedural fairness? Does the question of whether to remove a non-citizen is reasonably practicable encompass "an assessment of what will or might be expected to happen to the non-citizen once received into the country to which the non-citizen is removed"? Do ss 198AHB, 76AAA and 198(2B) contravene Ch III of the Constitution in their application to the appellant?
To what extent, if any, is Teoh still good law?
Federal Court (Full Court). Can it be said that, "absent prior notice here that the weight that the Tribunal might attach to its consideration of the best interests of affected children would be less than the weight that it might attach to its consideration of a different matter or circumstance, procedural fairness would be denied"?
Prior convictions probative of a witness’s credibility?
Federal Court. In the context of Tribunal proceedings, are prior convictions, especially prior convictions for fraudulent or deceitful acts, probative of a witness’s credibility?
PIC 4020: does false information render a document counterfeit, even if authentic?
Federal Court. Do the words 'counterfeit document' in the definition of a 'bogus document' in s 5(1) of the Migration Act 1958 (Cth) include "a document that is authentic in the sense that its provenance as a document is genuine but contains information that is not true"?
PIC 4020: indifference = purposeful falsity?
Federal Court. Was a finding that the Appellant had been indifferent as to whether her representative had provided false or misleading information "capable of sustaining the conclusion that the information had the requisite character of purposeful falsity", as required by the "false or misleading" test in PIC 4020(1)?