Detention and transfer to third country of "irregular maritime arrivals" — Arrangement between Governments of Australia and Malaysia for transfer and refugee status determination of up to 800 people from Australia to Malaysia executed on 25 July 2011...

Plaintiffs were "offshore entry persons" under Migration Act 1958 (Cth) ("Migration Act") – Plaintiffs detained under s 189(3) of Migration Act – Each claimed Australia owed him protection obligations under Refugees Convention as amended by Refugees Protocol – Each plaintiff precluded from making valid visa application unless Minister decided in public interest to allow: s 46A of Migration Act...

Immigration — Refugees — Application for protection visa — Fear of persecution for political opinions — Whether well-founded fear of persecution may be confined to a region of a country — Whether principle of internal relocation consistent with Convention relating to Status of Refugees — Whether internal relocation reasonable — Migration Act 1958 (Cth), s 36(2).

Immigration — Refugees — Application for protection visa — Well-founded fear of persecution — Fear of persecution for reasons of religion — Persecution by non-State actors — Relevance of inability or unwillingness of State to protect its citizens — Accountability theory and protection theory of persecution — Convention relating to the Status of Refugees, Art 1A(2) — Migration Act 1958 (Cth), s 36(2).

Immigration — Refugees — Fear of persecution — Capacity to avoid persecution — Whether requirement to live discreetly in country of origin — Whether required to act reasonably — Particular social group — Homosexual men — Migration Act 1958 (Cth), s 476(1)(e).

Immigration — Refugees — Application for permanent protection visa — Applicant previously granted temporary protection visa — Change in circumstances in applicant's country of nationality — Whether Australia had protection obligations towards applicant — Convention relating to the Status of Refugees, Arts 1A, 1C(5) — Migration Act 1958 (Cth), s 36(2).

Immigration — Refugees — Application for protection visa — Effective protection available in a third country — Whether Australia had protection obligations towards applicant — Convention relating to the Status of Refugees, Art 33(1) — Migration Act 1958 (Cth), s 36(2).

Constitutional Law (Cth) — Judicial power of Commonwealth — Immigration detention — Indefinite detention without judicial order — Whether detention involves exercise of judicial power by Executive — Whether punitive — Commonwealth Constitution, s 51(xix), (xxvii), Ch III
Immigration — Unlawful non-citizens — Detention pending removal from Australia — No reasonably practicable prospect of removal in foreseeable future — Whether detention authorised...

Constitutional Law (Cth) — Review of administrative decisions — Privative clause — Effect — Validity — Commonwealth Constitution, s 75(v) — Migration Act 1958 (Cth), s 474
Constitutional Law (Cth) — Constitutional writs — Time prescribed for certain applications to High Court — Validity — Commonwealth Constitution, s 75(v) — Migration Act 1958 (Cth), s 486A...

Immigration — Refugees — Application for protection visa — Fear of persecution for reason of membership of particular social group — Fear of persecution because of domestic violence perpetrated by family members — Whether failure by State to provide protection against domestic violence capable of constituting persecution for a Convention reason — Convention relating to the Status of Refugees, Art 1a(2) — Migration Act 1958 (Cth), s 36(2).

Immigration — Visas — Points system — Usual occupation — Whether applicant has qualifications required for Australian licence or registration — Whether required qualification must be held at time of application — Meaning of "qualifications" — Whether required further study was for the purpose of obtaining a relevant qualification — Customs Act 1901(Cth), s 183CC — Migration Regulations 1994(Cth), Item 6104(d).

Immigration — Refugees — Application for protection visa — Fear of persecution — Applicant victim of clan-based civil conflict — Whether persecution — Migration Act 1958 (Cth), ss 36, 65 — Convention relating to the Status of Refugees (1951), Art 1a(2).

Immigration — Refugee status — Fear of persecution for reason of membership of particular social group — Fear of persecution because of China's One child policy — Whether fear for reason of membership of particular social group — Relevance of persecution to definition of particular social group — Migration Act 1958 (Cth), s 4(1) "refugee"...

Immigration — Refusal by Minister's delegate of refugee status — Act referring to status under international Convention and Protocol — Well-founded fear of being persecuted — Persecution — Relevant time for determination — Migration Act 1958 (Cth), s. 6A(1)(c).
Administrative Law (Cth) — Judicial review — Decision under an enactment — Conduct engaged in for purpose of making decision — Determination of status of refugee — Applicant not holding temporary entry permit...