Posts by YJ, Lim

ASF17 v Commonwealth of Australia [2024] HCA 19 (10 May 2024) Intro:- This is an appeal from the Federal Court of Australia Facts:- The appellant, ASF17, is a citizen of Iran. He arrived in Australia as an unlawful non-citizen at the age...

Where appellant refused to cooperate in administrative processes necessary to facilitate removal of appellant to Iran, did continuing detention of appellant exceed constitutional limitation identified in NZYQ?

Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 (17 April 2024) Intro:- This is an appeal from the Full Court of the Federal Court of Australia Facts:- Mr Miller is a Fijian national whose Resident...

Where application made by appellant's migration agent contained no statement of reasons for application, does non-compliance with requirement of Section 29(1)(c) Administrative Appeals Tribunal Act 1975 (Cth) result in invalidity?

Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 (10 April 2024) Intro:- This is an appeal from the Full Court of the Federal Court of Australia. Facts:- The respondent is a citizen of the United...

When forming state of satisfaction whether "another reason" existed to revoke cancellation of respondent's visa, is the Minister required to personally read some or all of respondent's representations?

LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 (10 April 2024) Intro:- This is an appeal from the Full Federal Court of Australia Facts:- The appellant is a Vietnamese national. He...

Was the Tribunal's decision in failing to engage in evaluative assessment of relevant mandatory considerations affected by jurisdictional error?

Lesianawai v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 6 (6 March 2024) Intro:- The plaintiff commenced proceedings in the High Court's original jurisdiction seeking certiorari to quash the delegate's...

Was delegate's decision affected by jurisdictional error by considering the offences committed by plaintiff when under 16 years of age notwithstanding Sections 85ZR and 85ZS of the Crimes Act, 1915 (Cth)?

AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10 (13 March 2024) Intro:- This is an appeal from the Supreme Court of Victoria. Facts:- Between 2019 and 2021, IBAC conducted an investigation into...

Does "adverse material" in Section 162(3) of Independent Broad-based Anti-corruption Commission Act 2011 (Vic) refer to proposed adverse comments or opinions in report, or evidentiary material upon which proposed adverse comments or opinions are based?

Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2 (7 February 2024) Intro:- This matter, brought in the original jurisdiction of the Court, involves the construction, validity, and operation of parts...

Did delegate fail to comply with Direction No 90 made under Section 499(1) Migration Act, 1958 (Cth)?

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023) Intro: This is an appeal from the Full Court of the Federal Court of Australia. Facts: The plaintiff is a stateless Rohingya Muslim....

Where there was no real prospect of removal of Plaintiff from Australia becoming practicable in reasonably foreseeable future, was Plaintiff's detention authorised by Sections 189(1) and 196(1) Migration Act, 1958 (Cth)?

Benbrika v Minister for Home Affairs [2023] HCA 33 (1 November 2023) Intro:- This is a proceeding commenced in the Federal Court of Australia under Section 39B Judiciary Act 1903 (Cth) and removed into the High Court by order under...

Is Section 36D Australian Citizenship Act, 2007 (Cth), like Section 36B, contrary to Ch III of Constitution for conferring upon Minister exclusively judicial function of punishing criminal guilt?

Young v Chief Executive Officer (Housing) [2023] HCA 31 (1 November 2023) Intro:- This is an appeal from the Supreme Court of the Northern Territory Facts:- Ms Young was the tenant of residential premises at Ltyentye Apurte, also known...

Does Section 122 Residential Tenancies Act, 1999 (NT) incorporate common law principles of remoteness?

AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 (6 September 2023) Intro:- This is an appeal from the Full Court of the Federal Court of Australia. Facts:- The underlying facts...

Where Minister's Section 198AE(1) Migration Act, 157 determination had effectively quelled the controversy between the parties, did the Full Court have jurisdiction to determine the appeals?

Vunilagi v The Queen [2023] HCA 24 (8 August 2023) Facts: The appellant, with three co-accused, was charged with offences against ss 54 and 60 of the Crimes Act 1900 (ACT) ("the Crimes Act (ACT)"). His trial in the Supreme...

Where Section 68BA(4) of the Supreme Court Act 1933 (ACT) required judge to provide written notice of proposed order under Section 68BA(3), did Section 68BA(4) offend the Kable principle?