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Australia decisions
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The High Court dismissed a judicial review challenge to a refusal of visa nomination approval, holding there was no constructive failure to exercise jurisdiction or legal unreasonableness.
The High Court dismissed an appeal concerning a refused student visa, holding there was no jurisdictional error in the Tribunal or Federal Court decisions.
The High Court held that the delegate did not commit jurisdictional error by excluding untranslated material from a protection visa application and refused an extension of time.
The High Court held that the Tribunal had to apply the ministerial direction in force when it decided the review, not the earlier direction in place at the delegate’s refusal.
The High Court granted an extension of time and quashed a visa non-revocation decision for jurisdictional error, including procedural unfairness relating to privileged legal advice.
The High Court allowed an immigration appeal by consent, set aside the delegate’s decision for jurisdictional error, and remitted the matter for reconsideration.
The High Court held FEL17’s second protection visa application was invalid under s 48A of the Migration Act, because the earlier refusal remained a historical fact.
The High Court held that the claimants’ detention after a protection-finding Tribunal decision was unlawful because it exceeded the constitutional limit on executive detention.
Minister for Immigration and Multicultural Affairs v MZAPC [2025] HCA 5
The High Court dismissed an appeal about whether the Federal Court could restrain removal of an unlawful non-citizen pending proceedings challenging ministerial referral decisions.
The High Court considered whether the Federal Court could restrain removal of an unlawful non-citizen pending final resolution despite s 198(6) of the Migration Act.
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