Recent judgments on the AAT’s procedural obligations in conducting a review under Part 7 of the Migration Act

In two recent decisions, separate full courts of the Federal Court have considered the procedural obligations of the Administrative Appeals Tribunal when conducting a review under s 414 of the Migration Act 1958 (Cth) of a decision of the Minister's delegate not to grant a protection visa. AYX17 v Minister for Immigration and Border Protection deals … Continue reading Recent judgments on the AAT’s procedural obligations in conducting a review under Part 7 of the Migration Act

Going behind a conviction in administrative law proceedings arising from a criminal offence

The Victorian Court of Appeal handed down an interesting judgment yesterday. In Secretary to the Department of Justice and Regulation v LLF, the applicant Secretary sought leave to appeal on a question of law from VCAT's decision to grant the first respondent a working with children check under the Working With Children Act 2005 (Vic). … Continue reading Going behind a conviction in administrative law proceedings arising from a criminal offence

Procedural fairness and maintaining confidentiality in the identity of complainants

On 29 May 2018, the New South Wales Court of Appeal handed down judgment in Summersford v Commissioner of Police. The judgment is interesting for two reasons. First, it adds to a small but growing body of jurisprudence that deals with how the rules of procedural fairness should be applied in circumstances where there is … Continue reading Procedural fairness and maintaining confidentiality in the identity of complainants

Treatment of corroborative evidence and country information in decisions under the Migration Act

On 22 May 2018, a full court of the Federal Court handed down judgment in BXK15 v Minister for Immigration and Border Protection. The judgment deals with two important issues that commonly arise in applications for judicial review of decisions made under the Migration Act 1958 (Cth): the treatment by the Administrative Appeals Tribunal of … Continue reading Treatment of corroborative evidence and country information in decisions under the Migration Act

Expanding the scope of liability for misfeasance in public office

In Nyoni v Shire of Kellerberrin, handed down on 13 April 2017, a Full Court of the Federal Court considered the elements and scope of the tort of misfeasance in public office. In its enunciation of the elements of the tort, the majority (North and Rares JJ) appears to have significantly expanded the scope of … Continue reading Expanding the scope of liability for misfeasance in public office

Statutory interpretation: when is an item seized ‘under’ a search warrant?

In Siddique v Martin, handed down on 18 November 2016, the Victorian Court of Appeal considered whether s 78(6) of the Magistrates’ Court Act 1989 (Vic) authorised the Magistrates’ Court to direct police to return items that were seized during the execution of a search warrant but that were not actually described in the search warrant. The central … Continue reading Statutory interpretation: when is an item seized ‘under’ a search warrant?