Category: Public Law

Protection visas can be refused under s 501 on character grounds

In a joint judgment, a Full Court of five members (Allsop CJ, Kenny, Besanko, Mortimer and Moshinsky JJ) held that the power in s 501 of the Migration Act 1958 (Cth) to refuse to grant a visa can be used to refuse an application for a protection visa, even if the applicant otherwise satisfies the protection visa criteria.

Apprehended Bias and the Fast Track Review of Visa Refusals

A unanimous (five Justice) High Court approval of the apprehended bias test in Ebner v Official Trustee in Bankruptcy. Three Justice majority conclusions about the application of the Ebner test, and the requirement of materiality in a jurisdictional error before a decision will be invalidated.

The limits of secrecy

The High Court has read down a statutory secrecy provision that purported to shield information from production to a court on judicial review. In doing so, it has confirmed that s 75(v) of the Constitution protects more than simply the right to commence proceedings for judicial review.