Paul Cutler's Migration Case Law Blog

Best interests of the children

The best interests of minor children is one of the primary considerations which has to be taken into account in making a decision whether or not to revoke a visa cancellation on character grounds. Usually, the interests of children is raised by Applicants as a reason in favour of revocation i.e. the children shouldn't be separated from, or deprived of, a relationship with both parents. The Full...

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The Failure to Cooperate Judgment

The High Court gave its judgment in the failure to cooperate case today (10 May 2024 - see ASF17 v Commonwealth of Australia [2024] HCA 19). In my earlier blogpost I expressed my view that ASF17's failure to cooperate would be fatal to his case. It turns out that my prediction was correct. If you only read a few paragraphs in the judgment it should be these ones (with my underlining added): THE...

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Failure to Cooperate

The legislative attempt to make failure to cooperate a criminal offence passed the Lower House but not the Senate on 26 March 2024. The Migration Amendment (Removal and other Measures) Bill 2024 creates a new class of people called "removal pathway non-citizens". In some circumstances the Minister can give directions to those people to assist with their own removal from Australia. Their failure...

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Indefinite Detention

Indefinite detention typically arises in circumstances where a person is held in immigration detention and it is not possible to remove them from Australia. In recent years a number of applicants who have alleged indefinite detention have had mixed success in obtaining writs of habeus corpus for their release (see for example my post about ALJ20). Those applications had to grapple with Al-Kateb...

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Remitted

You may remember that the High Court remitted QYFM to a differently constituted Full Federal Court after it found that Justice Bromich should have recused himself. I have previously blogged about the recusal decision. When the matter arrived back in the Full Court the original grounds of appeal were "jettisoned" and leave was sought to rely on six new ones. The appellant was also granted leave...

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