Did the Minister surrender?
Federal Court. After judicial review proceedings commenced, the Minister's Department took steps that resulted in the applicant succeeding in obtaining the outcome which he sought on judicial review. Is this an example of surrender, with the result that the applicant should obtain costs?
MI: no certiorari and prohibition if no mandamus?
Federal Court. In circumstances where the Court could not grant mandamus compelling the consideration of the requests for Ministerial intervention, was there utility in granting certiorari and prohibition?
Was Sandor wrongly decided?
Federal Court (Full Court). Was Sandor v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 434 wrongly decided?
Must a child have a litigation representative?
Federal Court. Is a child a party to migration judicial review proceedings only if a person is appointed their litigation representative?
Meaning of ‘formative years’
Federal Court. Are the formative years confined to the period of a person's life when they were a child?
Meaning of ‘conviction’
Federal Court. Even though the applicant had not been convicted in court, the Tribunal found that he had been 'convicted'. Did the Tribunal finding involve a misinterpretation of the law? Could the Tribunal have reasonably considered the view of the applicant's minor child to love the applicant to be irrelevant to the best interests of the child?
Interpreting provisions that grant courts jurisdiction
High Court. In some cases, may a statutory provision by which: a right of appeal is conferred impliedly grant jurisdiction to hear the appeal; jurisdiction is granted to hear an appeal impliedly confer a right to appeal? Is a provision that grants jurisdiction to a court to be construed "with all the amplitude that the ordinary meaning of its words admits"?
Need for evidence to find that drugs are less available in detention?
Federal Court (Full Court). In the context of s 501CA(4) of the Migration Act 1958 (Cth), the Tribunal said: "the Tribunal does not consider that drugs are as readily available in detention as they are in the community". Was that a finding for which specific evidence or other material was required? Or could it be made based on the Tribunal’s personal or specialised knowledge?
Unlawfully remaining/working in Australia an irrelevant consideration?
Federal Court. When assessing under para 8.1.1 of Direction 99 the nature and seriousness of the Appellant's conduct to date, is the fact that he remained and worked unlawfully in Australia an irrelevant consideration?
Does AAT have jurisdiction even if application fee is not paid?
Federal Court (Full Court). Was the consequence of s 347(1)(c) of the Migration Act 1958 (Cth) and r 4.13(4) of the Migration Regulations 1994 (Cth) that an amount of 50% was payable whether or not the “Request for Fee Reduction” was ultimately successful? If a Tribunal application is not accompanied by the application fee, does the Tribunal have a duty to review the decision?