Recent Cases

Ceu22 v Minister for Home Affairs [2024] FCAFC 11 (16 February 2024) (Wigney, Thawley and Wheelahan JJ)


Catchwords:


MIGRATION – Minister considered non-refoulement in assessing national interest under s 501(3) – whether Minister was required correctly to interpret Australia’s unenacted non-refoulement obligations in making the decision – if unenacted non-refoulement obligations misunderstood, there was no jurisdictional error

MIGRATION – whether Minister failed meaningfully to consider materials or merits of the case – whether apprehension of bias on the part of the Minister – Minister considered whole brief – no jurisdictional error

CONSTITUTIONAL LAW – ss 64 and 65 of the Constitution – responsible government – whether more than one person may be appointed as Minister to administer a Department – appointment of more than one person to administer Department of State does not offend Constitution

PRACTICE AND PROCEDURE – notice of contention filed late – extension of time granted