Is cl 8.5(2) of Direction 110 exhaustive?
Federal Court. Is the conduct listed in cl 8.5(2) of Direction 110 exhaustive for the purposes of cl 8.5?
Risk of reoffending a mandatory consideration in s 501A(3)(b)?
Federal Court. Is the risk posed by the non-citizen in question to the Australian community a mandatory relevant consideration for the Minister when exercising the discretion under s 501A(3)(b) of the Migration Act 1958 (Cth)?
Bar in s 501E an immediate consequence of exercise of s 501BA power?
Federal Court. Is the statutory bar imposed by s 501E of the Migration Act 1958 (Cth) an inevitable, immediate and direct consequence of the Minister exercising the power conferred by s 501BA, with the result that such a consequence has to be considered when exercising that power?
Can procedural decision render substantive decision legally unreasonable?
Federal Court (Full Court). Was it open to the non-citizen to "impugn the substantive determination [under s 430] on the ground that the Tribunal’s procedural decision [under s 426A(1A)(a)] affected the legality of the substantive determination by rendering the determination the product of a legally unreasonable process"?
No explanation for failure to give weight
Federal Court. Is a decision-maker "likely to commit jurisdictional error if it fails to give weight to apparently supporting material from an independent source, without explaining why that material has not been preferred"?
Appeal: power in s 501BA(2) to be exercised within reasonable time period?
Federal Court (Full Court). Is the power in s 501BA(2) of the Migration Act 1958 (Cth) subject to an implied limitation that it be exercised within a reasonable period of time after the original decision?
New version of cl 070.612A(1) also unconstitutional?
High Court. In YBFZ, cl 070.612A(1) of Schedule 2 to the Migration Regulations 1994 (Cth), imposing curfew and monitoring conditions, was declared unconstitutional. That provision was then amended, but continued to impose those conditions in essentially the same form. Is the new cl 070.612A(1) also unconstitutional?
Silence on effect of Acts Interpretation Act
Federal Court. The Migration Act 1958 (Cth) pointed to the deadline for seeking merits review falling on a Saturday, although the effect of s 36(2) of the Acts Interpretation Act 1901 (Cth) (AIA) was to extend it until the following Monday. By being silent on the effect of s 36(2) of the AIA, did the letter notifying of a non-revocation decision fail to state the deadline, with the result that the Tribunal application lodged years later was not late?
Justification required for missing merits review deadline?
High Court. If one misses the deadline for merits review of a migration decision, with the result that the only way of challenging the decision is by way of judicial review in the High Court's original jurisdiction, should they adduce evidence in Court about why the missed that deadline?
Breach of domestic violence order equals family violence?
Federal Court. Is a breach of a domestic violence order, without more, 'family violence' within the meaning in Direction 110?