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Love v Commonwealth of Australia; Thoms v Commonwealth of Australia – [2020] HCA 3

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High Court of Australia

Plaintiff M7/2021 v Minister for Home Affairs [2021] HCA 14 (15 April 2021) (Gordon J) 14 April 2021
Catchwords: Immigration – Refugees – Application for protection visa – Where plaintiff claimed protection on basis of feared persecution in Pakistan on account of homosexuality – Where delegate of defendant refused protection visa – Where delegate found evidence, including "open source social media", did not support view plaintiff was known homosex […]
Namoa v The Queen [2021] HCA 13 (14 April 2021) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ) 14 April 2021
Catchwords: Criminal law (Cth) – Conspiracy – Where s 11.5(1) of Criminal Code (Cth) established offence of conspiracy – Where appellant charged with conspiring to do acts in preparation for terrorist act contrary to ss 11.5(1) and 101.6(1) of Criminal Code – Whether s 11.5 applies to spouses who agree between themselves, and no other person, to commit offen […]
DVO16 v Minister for Immigration and Border Protection [2021] HCA 12 (14 April 2021) (Kiefel CJ, Gageler, Gordon, Edelman and Steward JJ) 14 April 2021
Catchwords: Immigration – Refugees – Application for protection visa – Where appellants each applied for protection visas – Where each appellant interviewed by delegate of Minister – Where each appellant assisted by interpreter in interview – Where interviews affected by translation errors in questions asked and responses given – Where Immigration Assessment […]
Victoria International Container Terminal Limited v Lunt [2021] HCA 11 (07 April 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 14 April 2021
Catchwords: Courts – Abuse of process – Where Fair Work Commission approved enterprise agreement – Where approval of enterprise agreement supported by union – Where first respondent was longstanding member of union – Where first respondent brought proceedings seeking to quash approval of enterprise agreement – Where appellant sought summary dismissal of proc […]
DQU16 v Minister for Home Affairs [2021] HCA 10 (07 April 2021) (Kiefel CJ, Keane, Gordon, Edelman and Steward JJ) 7 April 2021
Catchwords: Immigration – Visas – Application for protection visa – Where s 36(2) of Migration Act 1958 (Cth) provides two criteria for grant of protection visa – Where s 36(2)(a) provides refugee criterion – Where s 36(2)(aa) provides complementary protection criterion – Where Court in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs […]
Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 (10 March 2021) (Kiefel CJ, Gageler, Keane, Edelman and Steward JJ) 9 March 2021
Catchwords: Immigration – Cancellation of protection visa – Notice of cancellation – Where delegate of Minister cancelled respondent's visa under s 501(3A) of Migration Act 1958 (Cth) – Where pursuant to duties in s 501CA(3) letter from delegate and enclosures sent explaining decision to cancel respondent's visa and opportunity to make representati […]
Federal Commissioner of Taxation v Travelex Limited [2021] HCA 8 (10 March 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 9 March 2021
Catchwords: Taxation – Administration – Goods and services tax – Taxable supply – Running Balance Accounts ("RBA") – Commissioner's obligation to pay interest – Where Commissioner lacked statutory authority to amend taxpayer's GST return – Where net amount in GST return calculated in error – Where Commissioner purported to amend taxpayer […]
Wigmans v AMP Limited [2021] HCA 7 (10 March 2021) (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) 9 March 2021
Catchwords: Practice and procedure – Representative action – Stay – Where five open class representative actions commenced against same defendant in relation to same controversy – Where considerable overlap between claims made in proceedings – Where representative plaintiff in four proceedings filed notice of motion in Supreme Court of New South Wales seekin […]
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 (04 March 2021) (Kiefel CJ, Keane, Gordon, Edelman and Steward JJ) 3 March 2021
Catchwords: Immigration – Visas – Application for protection visa – Procedural fairness – Where delegate of Minister rejected first respondent's application for protection visa – Where Administrative Appeals Tribunal affirmed delegate's decision – Where first respondent sought judicial review of that decision in Federal Circuit Court – Where first […]

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Love v Commonwealth of Australia; Thoms v Commonwealth of Australia – [2020] HCA 3

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